TERMS AND CONDITION

Date of Issuance: 1 January 2024

Last Updated: 1 June 2025

Version: Events and Team Building-T&C-2025

1. Introduction

1.1. You (the “Client”) agree to engage My Weekend Plan Sdn. Bhd. (Registration No. 201801006531 (1268545-X)) (“MWP”) for the Services (as defined below) and MWP agrees to provide such Services, in accordance with the terms and conditions set forth in these Events and Team Building T&Cs. These Events and Team Building T&Cs are deemed incorporated by reference into all invoices, quotations, or engagement documents issued by MWP to the Client (“Invoice(s)”), which govern the provisions of the Services. By signing the Invoice(s) (whether digitally or physically), confirming engagement, making payment, or by utilising the Services, the Client explicitly acknowledges and accepts all the terms and conditions outlined in the Invoice(s) and these Events and Team Building T&Cs and agrees to be bound by them. 

1.2. The effective date of these Events and Team Building T&Cs shall be either the date when the Client signs the Invoice(s), the date the Client start utilising the Services, the date the Client makes payment for the Services, or the date as mutually agreed upon by MWP and the Client, whichever is earlier and applicable (“Effective Date”). 

1.3. These Events and Team Building T&Cs shall continue in full force and effect from the Effective Date for the duration specified in the Invoice(s), or as otherwise agreed in writing between the Client and MWP (“Term”), or until terminated in accordance with these Events and Team Building T&Cs or upon completion of the Services, whichever occurs first. 

2. The Services and Scope of Services

2.1. MWP agrees to provide the Client with selected team-building activities, workshops or exercises (“Activity”) as specified in the Invoice(s) (“Services”). The Invoice(s) may include details such as event date(s) (“Event Date”), duration, timing, event location (“Venue”) and other relevant details. The Activity may include physical and/or virtual activities as agreed upon between the parties. 

2.2. The Client acknowledges and agrees that the Activity will be facilitated and/or conducted by MWP and/or MWP’s lesson provider (“Lesson Provider”) on the Event Date at the Venue. Subject to the terms outlined in the Invoice(s), MWP and/or the Lesson Provider will manage all logistical arrangements including transportation, equipment, and supplies required for the Activity (“Materials”).

2.3. The Services and Payment (as defined below) are tailored to the specific business objectives and the specified number of participants (“Participants”) as communicated to MWP and are structured based on the mutual agreement between the Client and MWP (“Outcome”). While the Services are structured based on this mutual understanding, MWP and/or the Lesson Provider can modify or revise the elements or strategies of the Services to better achieve the Outcomes. Any revisions/modifications to the Services shall be based on the agreed scope of work (including any cap on revisions, updates, or change requests) as stipulated in the relevant Invoice(s). 

2.4. If the Client requests significant amendments that alter the initial agreed-upon scope of Services, or if changes in the scope of Services are required due to changes in the Client’s business objectives or issues faced, MWP will assess the feasibility of such request. If deemed feasible, MWP reserves the right to adjust the payment terms to account for any additional time, cost and efforts required. If MWP identifies the need for changes or amendments to the agreed scope of Services to better achieve the agreed Outcomes or address unforeseen issues, MWP will notify the Client and provide an estimate of any additional costs or changes required. In any of these cases, the parties shall then discuss in good faith to determine and mutually agreed on a revise scope of Services and payment terms prior to any work being undertaken. 

2.5. Unless specifically stipulated in the Invoice(s), the Services exclude tools, equipment and/or apparatus required for the Activity (“Tools”). The Tools provided for the Activity on the Event Date are lend to the Participants and shall be returned to MWP or the Lesson Provider at the end of the Activity. If any of the Tools is missing and/or damaged, the Client shall pay an amount equivalent to the cost of the missing and/or damaged Tools. 

3. Cancellation/ Change of Event Date

3.1. If the Client decides to cancel the Activity or change the Event Date, the Client shall provide a written notice to MWP as soon as reasonably practicable.  

3.2. If the Client cancels the Activity: 

3.2.1. more than 30 days prior to the Event Date, MWP may, at its discretion, deduct 25% of the total Payment relating to the affected Activity as liquidated ascertained damages and refund the remaining Payment to the Client;

3.2.2. within 30 days but more than 7 days before the Event Date, MWP may, at its discretion, deduct 50% of the total Payment relating to the affected Activity as liquidated ascertained damages and refund the remaining Payment to the Client;

3.2.3. within 7 days before the Event Date, no refund will be issued to the Client. The full Payment relating to the affected Activity shall be forfeited by MWP as liquidated ascertained damages, the deduction or forfeiture of the Payment not only serves as liquidated ascertained damages but also to cover administrative costs including cost of Non-cancellable Commitments. “Non-cancellable Commitments” include but are not limited to non-refundable deposits made for the Venue, the purchase of Materials or resources, and any other costs or expenses that, by their nature, are non-cancellable or non-refundable in connection with the Services.

3.3. If any or all of the Participants fail to attend the Activity on the Event Date for any reason or are required to leave early, refund will not be provided. The Client may request to substitute Participants who are unable to attend, subject to MWP’s approval and any relevant conditions.

3.4. If the Client decides to change the Event Date , the approval of a new event date is subject to MWP’s discretion, the availability of the Lesson Provider, and any additional fees that may be associated with the date change. If both parties are unable to agree on the new event date within 7 days before the Event Date, it shall be deemed that the Client has cancelled the Activity and Clause 3.2.3 shall apply. 

3.5. MWP (or its Lesson Provider) may need to cancel the Activity or change the Event Date under certain circumstances, in such cases, MWP will notify the Client as soon as reasonably practicable. In the event of cancellation, MWP shall issue the Client with a full refund of the Payment made by the Client relating to the Activity, unless the Client agrees to a replacement Activity. In the event of change in the Event Date, the Client has the option to select a replacement Activity or request full refund of the Payment made by the Client relating to the Activity. MWP’s liability to the Client as a result of any cancellation or change shall be limited to the Payment paid by the Client to MWP for that Activity only, and MWP shall not be liable for any breaches or losses incurred by the Client as a result of such cancellation or change.

4. Client’s Obligations 

4.1. The Client acknowledges and agrees to the following and shall ensure that the Participants to:

4.1.1. ensure that the Venue is suitable and available for the Activity, if the Venue is at the Client’s office or designated place;

4.1.2. attend and actively participate in the Activity on the Event Date;

4.1.3. ensure the punctual arrival of all Participants at the Venue at the specified time;

4.1.4. adhere to all instructions and code of conduct provided by MWP and/or the Lesson Provider during the Activity;

4.1.5. handle any Tools involved in the Activity with care and in accordance with any guidelines or instructions provided;

4.1.6. follow any emergency procedures outlined by MWP and/or the Lesson Provider; 

4.1.7. disclose any medical conditions, allergies, or physical limitations that may affect the ability of the Participants to participate in the Activity, whether these conditions are pre-existing or arise at any time on the Event Date; and

4.1.8. provide such other reasonable assistance as MWP may require in order to provide the Services.

4.2. The Client shall be responsible for the safety of the Participants throughout the course of the Activity. In the event that any of the Participants sustains personal injuries during the Activity, and such injuries were not caused by the negligence of MWP or the Lesson Provider, the Client shall be solely responsible for such injuries. MWP and the Lesson Provider shall not be liable for any loss(es) resulting from such accidents or injuries unless they are attributable to the negligence of MWP or the Lesson Provider. 

4.3. The Client is responsible for providing appropriate insurance coverage for the Participants participating in the Activity. As agreed between the parties, the Services may include insurance coverage provided by MWP’s selected insurance partner for Participants during the Activity, the premium of such insurance will be included as part of the Payment. 

4.4. The Client shall disclose the relevant personal data of the Participants such as name, NRIC number or passport number, contact information, home address, email address, and other relevant information to MWP, including any relevant supporting documents, for the purpose of organising the Activity and to obtaining insurance coverage (if applicable). The Client shall, at its own cost and expense, obtain consent from the Participants regarding the sharing and disclosing of their personal data in connection with the Services. The Client acknowledges and agrees that MWP may share and disclose necessary details of the Participants to the Lesson Provider and other relevant third parties involved in organising the Activity. The Client (and shall procure that the Participants) hereby give MWP the consent to process the personal data as necessary for the purposes of performing the Services, MWP will process such personal data in accordance with its privacy policy published on MWP’s website.

5. Payment 

5.1. This clause shall be read together with the payment terms as stipulated in the Invoice(s) (“Payment”). The Client shall make the Payment in accordance with the amount, mode, manner and time period specified in the Invoice(s). It is the Client’s responsibility to ensure timely payment and MWP shall not be responsible for any delay or failure in payment caused by the Client’s bank, payment gateway, or any other third-party payment provider. The Client agrees and acknowledges that any delay or failure to make any Payment may result in: 

5.1.1. interest charges at the rate of one per cent (1%) per month on the outstanding Payment;

5.1.2. suspension of the Services until MWP receives the Payment (including interest charges); and/or

5.1.3. termination of the Services, as determined by MWP, and any decision taken by MWP as a result of the delay or failure in any Payment shall not constitute a breach of these Events and Team Building T&Cs by MWP and MWP shall not incur any liability to the Client for such suspension or termination. 

5.2. MWP reserves the right to set off any advance Payment made by the Client against outstanding amounts due, including but not limited to fee revisions or any other unpaid charges under these Events and Team Building T&Cs. In such cases, MWP will notify the Client of the set-off. The Client shall have the right to set off any Payment in the event of a breach of these Events and Team Building T&Cs by MWP. 

5.3. Except as provided in these Events and Team Building T&Cs, all Payment made by the Client are strictly non-refundable once paid. It is the Client’s responsibility to ensure timely payment and MWP shall not be responsible for any delay or failure in payment caused by the Client’s bank, payment gateway, or any other third-party payment provider.

5.4. If the Services are suspended at any time for a period of forty-five (45) days or for any other period as specified by MWP during the Term due to the Client’s failure to fulfil any of its obligations under these Events and Team Building T&Cs or if the Client instructs MWP to stop the Services for whatever reasons, MWP reserves the right to charge additional payment to resume the Services after the said period.

5.5. All payment associated with the Services shall be exclusive of any and all applicable taxes and regulatory charges. All withholding tax, government tax, sales and service tax, and other similar taxes shall be borne by the Client.

6. Licence and Ownership of Intellectual Property 

6.1 “Existing Intellectual Property” means all existing intellectual property owned by the Client, MWP, the Participants or the Lesson Provider prior to the commencement of the Services. This includes, but is not limited to logos, trademarks, designs, copyrights, patents, domain names, and other proprietary rights, whether registered or unregistered. The Client and MWP acknowledge that all Existing Intellectual Property shall remain the exclusive property of the respective parties.

6.2. The Client grants MWP a royalty-free, revocable, worldwide, non-exclusive licence to use and display the Client’s Existing Intellectual Property and other intellectual property provided during the Services such as name, logo, and trademark for the purpose of performing the Services and for publicity purposes in MWP’s portfolio, website, social media, promotional and marketing materials.

6.3. Subject to the Client making the Payment, ownership rights, title and interest in the Developed Work and/or the Materials, excluding any Existing Intellectual Property or third-party materials incorporated into Developed Work, shall vest with the Participants and/or the Client, as the case may be. “Developed Work” means the work produced and created by the Participants during the Activity.  

6.4. MWP and/or the Lesson Provider may provide the Client and/or the Participants with materials of a third party for the Activity, such materials are solely for the Client and/or the Participants’ personal and non-commercial use, and may subject to the terms and conditions of the relevant third-party’s licence. No part of these materials may be stored, reproduced or transmitted in any form or by any means, including photocopying, e-mailing and recording, without the written permission of the third party, MWP or the Lesson Provider.

6.5. MWP and/or the Client will seek any necessary approvals, releases, licences, permits or other authorisation to use any copyrighted materials, photographs, artwork or any other property or proprietary rights belonging to third parties in connection with the performing of the Services (if applicable).

6.6. MWP and/or the Lesson Provider will capture moments during the Activity and this includes photography and videography of the Participants and the Developed Work throughout the Activity. By participating in the Activity, the Client and the Participants give consent for their images to be captured and shared on MWP’s and/or the Lesson Provider’s portfolio, website, social media, promotional and marketing materials. The Client shall also procure the Participants’ consent for image usage.

7. Indemnity 

Each party (“Indemnifying Party”) shall indemnify and hold harmless the other party  (“Indemnified Party”) from any and all claims, liabilities, losses, expenses and damages (including reasonable solicitor’s fee and legal cost) arising out of or in connection with any claims, proceedings, actions, or liabilities arising from any breach of any provision of these Events and Team Building T&Cs by the Indemnifying Party, provided that the indemnity contained herein shall be without prejudice to any other rights or remedies of the Indemnified Party and all such other rights or remedies are hereby expressly reserved to the Indemnified Party.

8. Termination

8.1. Termination for Convenience: Notwithstanding anything contained in these Events and Team Building T&Cs, either party may terminate these Events and Team Building T&Cs at any time by serving on the other party not less than thirty (30) days’ prior written notice prior to the intended termination date.

8.2. Termination for Cause: If any party:

8.2.1. commits any material breach of any of its obligations under these Events and Team Building T&Cs and fails to remedy such breach (if capable of being remedied) within thirty (30) days after being given notice to do so by the other party; 

8.2.2. suspends or ceases to operate or otherwise abandons its business;

8.2.3. if it is a body corporate or an entity, a petition is presented (and such petition is not stayed or struck-out within sixty (60) days of the petition being served), a resolution is passed or an order is made, for or in connection with the winding up, whether compulsory or voluntary (except for the purposes of a bona fide reconstruction or amalgamation), or if it is an individual, has bankruptcy proceedings initiated against such individual, or becomes an undischarged bankrupt;

8.2.4. becomes insolvent or is unable to pay its debts or admits in writing its inability to pay its debts as they fall due or enters into any composition or arrangement with its creditors or makes a general assignment for the benefit of its creditors; or

8.2.5. is convicted of a civil or criminal offence or is guilty of a gross misconduct, then the non-defaulting party shall have the right to terminate these Events and Team Building T&Cs with immediate effect by giving a written notice to the defaulting party. 

8.3. Consequences of Termination: Upon termination of these Events and Team Building T&Cs:

8.3.1. if the termination for convenience is initiated by the Client under Clause 8.1 or if MWP terminates these T&Cs for cause pursuant to Clause 8.2, any advanced Payment made by the Client to MWP shall be deemed forfeited and nonrefundable. If the termination for convenience is initiated by MWP under Clause 8.1 or if the Client terminates these T&Cs for cause pursuant to Clause 8.2, MWP shall refund any unused portion of the advanced Payment to the Client (calculated on a pro-rata basis to reflect work completed up to the date of termination).

8.3.2. upon request by the disclosing party, the receiving party shall immediately return or destroy all Confidential Information (as hereinafter defined) and all copies of such Confidential Information which are in its possession, custody or control to the disclosing party; 

8.3.3. the Client shall: 

(a) promptly pay all the outstanding Payment to MWP up to the date of termination, including any sum incurred relating to non-cancellable commitments and any sum payable upon MWP achieving the KPI (if applicable); and/or

(b) if applicable, immediately and permanently cease to use, in any manner whatsoever, any Developed Work which the Client has not paid in full. 

8.3.4. MWP shall: 

(a) upon request by the Client, cease to use and/or return the Client’s Materials, which are in its possession; and/or

(b) transfer, assign or make available the Developed Work to the Client provided there is no outstanding Payment by the Client. 

8.4. Termination of these Events and Team Building T&Cs shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Events and Team Building T&Cs which existed at or before the date of termination.

9. Representation and Warranties 

9.1. Each party represents and warrants to the other party that:

9.1.1. it has the full power and authority to enter into, to perform and observe its obligations under these Events and Team Building T&Cs; and

9.1.2. the execution, performance and observance by it of these Events and Team Building T&Cs will not result in any breach of any provision contained in any agreement or instrument to which it is a party or by which such party is bound or any laws applicable to it, which in the event of breach may adversely affect the ability of such party to comply with, perform or observe the terms of these Events and Team Building T&Cs.

9.2. The Client represents and warrants to MWP that all Client’s Existing Intellectual Property provided to MWP are true, accurate, complete and comply with all applicable laws, regulations and industry standards. The Client has the absolute legal rights and beneficial ownership over the Client’s Existing Intellectual Property or has obtained all necessary permissions, approvals, licences to use the Client’s Existing Intellectual Property from any related third party in cases where the Client does not have the ownership or rights over any parts of the Client’s Existing Intellectual Property; and the Client is authorised to act on behalf of the Participants in connection with the Services and/or have obtained the lawful authorisation or consent from the Participants (including consents required under these Events and Team Building T&Cs) to register them and represent them for the Services and make decisions on their behalf. 

10. Disclaimers and Acknowledgement

10.1. MWP does not provide any guarantee, warranty, representation or undertaking:  

10.1.1. to the quality of the Lesson Providers’ services and/or the suitability of the Venue and MWP shall not be held liable for any dissatisfaction or disputes related to the Lesson Providers’ services or the Venue, for the avoidance of doubt, MWP will make reasonable efforts to engage qualified Lesson Providers and to ensure the suitability of Venue; and

10.1.2. that there will be positive results or outcomes of the Activity as the effectiveness of the Activity may vary depending on several factors including the engagement and participation of the Participants and MWP shall not be liable for any dissatisfaction or lack of positive results stemming from the Activity.

10.2. The Client acknowledges and agrees that:

10.2.1. it shall not, without prior consent from MWP, directly engage with the Lesson Provider, enter into any payment agreements, or conduct activities that bypass or undermine MWP’s involvement and participation in the arrangement;

10.2.2. MWP has no control over external factors including weather conditions, if the Activity is dependent on outdoor conditions, MWP reserves the right to make adjustments or reschedule the Activity in case of adverse weather conditions for the safety and enjoyment of the Client and the Participants;

10.2.3. participation in the Activity involves inherent risks, including but not limited to physical exertion, minor injuries, and unforeseen accidents, the Client shall take and shall ensure that the Participants take all reasonable and necessary precaution to avoid these risks and in no circumstances shall MWP and the Lesson Provider be liable for any loss, costs or damages of any kind whatsoever and howsoever arising suffered as a result of the Activity;

10.2.4. certain Activity may not be suitable for Participants who have certain medical conditions or physical limitation, the Client shall inform (or shall procure the Participants to inform) MWP in advance of any conditions or special requirement of the Participants such as medical condition, allergies, or physical limitations that may affect their ability to engage safely in the Activity;

10.2.5. the Participants are expected to adhere to the code of conduct and safety measures at all times. MWP or the Lesson Provider reserves the rights to remove any Participants who engages in disruptive or inappropriate behaviour without any liability to make any refund in respect thereof;

10.2.6. the Participants are responsible for safeguarding their personal belongings during the Activity. MWP and the Lesson Provider are not responsible for any lost, stolen, or damaged items; and

10.2.7. MWP reserves the right to cancel or reschedule the Activity or change the Venue or Lesson Provider due to unforeseen circumstances, the Client will be informed of such changes and alternative arrangements as soon as reasonable practicable;

11. Limitation of Liability  

To the fullest extent permitted by laws, MWP (including its affiliates, directors and employees) shall not be liable for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by the Client of an indirect, special or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. If any limitation or exclusion of liability in these Events and Team Building T&Cs is not enforceable, MWP’s total liability for any claim arising out of or relating in any manner shall not exceed the total Payment paid by the Client.

12. Confidentiality

Each party agrees to keep all information received from the other party in connection with these Events and Team Building T&Cs confidential. Both parties agree not to disclose, share or use the confidential information for any purpose other than the performance of their obligations under these Events and Team Building T&Cs, except as required by law or with prior written consent of the disclosing party. This obligation shall cease to have effect if any confidential information becomes publicly available (other than by breach of these Events and Team Building T&Cs).

13. General 

13.1. All notices, demands or other communications required or permitted to be given or made hereunder shall be in writing and delivered personally or sent by prepaid registered post with recorded delivery, or by courier or email transmission addressed to the intended recipient thereof at its address or at its email address as provided in the Invoice(s) (or to such other address or email address as a party to these Events and Team Building T&Cs may from time to time duly notify the other). Any such notice, demand or communication shall be deemed to have been duly served (if delivered personally or given or made by email) immediately or (if given or made by registered post or courier) three (3) days after posting, and in proving the same it shall be sufficient to show that personal delivery was made or that the envelope containing such notice was properly addressed as a prepaid registered letter or that the email was properly addressed and sent.

13.2. The parties shall comply with all applicable laws relating to personal data protection and shall only collect, use, disclose and process personal data in full compliance with the personal data protection laws in Malaysia.

13.3. Each party shall bear its own costs and expenses as may be incurred in connection with the preparation, execution and implementation of these Events and Team Building T&Cs. 

13.4. Neither party shall be liable for failure to perform due to such acts of God or terrorism, earthquakes, riots, war, fire, pandemic, epidemics, medical outbreak, governmental restrictions and other like events of similar nature beyond its own reasonable control. If any party is or is likely to be, affected by any such event it will immediately notify the other party of the occurrence of the relevant event and will use all reasonable endeavours to overcome or mitigate the effects thereof. For the avoidance of doubt, inability to pay or other circumstances which may make the terms of these Events and Team Building T&Cs unattractive to a party shall not fall within the ambit of this clause. Either party may choose to terminate these Events and Team Building T&Cs if the relevant event continues for more than two (2) months from the date of such notification.

13.5. Neither party shall assign or transfer its rights and obligations under these Events and Team Building T&Cs without the prior written consent of the other party, which consent shall not be unreasonably withheld. 

13.6. Nothing herein shall be construed to create a partnership, joint venture, agency or employment relationship between the parties.

13.7. No waiver of any breach of these Events and Team Building T&Cs shall be deemed to be a waiver of any other or of any subsequent breach. The failure of any party to enforce at any time any of the provisions of these Events and Team Building T&Cs shall in no way be interpreted as a waiver of such provision. 

13.8. The rights and remedies provided in these Events and Team Building T&Cs are cumulative, and are not exclusive of any rights or remedies of the parties provided at laws, in equity, by statute or otherwise. The election of any one or more of such remedies by any of the party shall not constitute a waiver by such party of the right to pursue any other available remedies.

13.9. If any or any part of the provisions contained in these Events and Team Building T&Cs shall be determined invalid, unlawful or unenforceable to any extent, such provision shall be severed from these Events and Team Building T&Cs and the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

13.10. The interpretation, construction and performance of these Events and Team Building T&Cs shall be governed exclusively by the laws of Malaysia (without regard to any conflicts of laws principles) and the parties expressly submit irrevocably to the jurisdiction of the courts of Malaysia.

13.11. Any difference or dispute between the parties concerning these Events and Team Building T&Cs shall be settled amicably through mutual consultation and/or negotiations between the parties within thirty (30) days from the date where the dispute has arisen, or such other date as the parties may otherwise agree in writing before initiating any legal action or proceedings.

13.12. These Events and Team Building T&Cs shall be binding upon and inure for the benefit of the respective heirs, personal representatives, successors-in-title or permitted assigns, as the case may be, of the parties.

13.13. Time whenever mentioned shall be the essence of these Events and Team Building T&Cs.

13.14. MWP may amend these Events and Team Building T&Cs from time to time by publishing the updated version on the relevant web link. The updated Events and Team Building T&Cs will take effect on the date stated in the “Last Updated” notice at the top of this page. Continued use of the Services after the effective date of any changes constitutes the Client’s acceptance of the amended Events and Team Building T&Cs. If the Client objects to the amended Events and Team Building T&Cs, the Client must notify MWP in writing. Both Parties shall then engage in good faith to resolve the objection or agree on the applicable terms. Until resolution is reached, the existing version (as last agreed or accepted) will continue to apply for the remainder of the then-current Term, unless otherwise agreed in writing.

13.15. MWP operates from Monday to Friday, between the hours of 9:30 a.m. to 5:30 p.m., or as otherwise informed by MWP. Any documents, messages, or requests submitted by the Client outside of these operating hours or during public holidays will be reviewed and processed on the next working day. MWP will make reasonable efforts to accommodate last-minute requests from the Client; however, such tasks will be subject to availability, with priority given to pre-scheduled commitments, and may be subject to an additional fee as communicated by MWP.