Primalista Licence Agreement
(Condensed Version)
This is a summary of the full Primalista Licence Agreement. By ticking the box, you confirm you have read and agreed to this summary and the full agreement, which can be accessed here.
After the 7-day cooling-off period, the Licence Fee is non-refundable, and the full amount becomes legally due and payable, whether upfront or as part of a payment plan. Payment plan commitments cannot be paused or skipped, ensuring all obligations are met as agreed.
Parties
This agreement is between Primal Alternative Pty Ltd (“Primal Alternative”) and You (“Primalista”).
Cooling-Off Period
You have a 7-day cooling-off period to trial the materials and request a full refund if you decide not to proceed. After this period, no refunds are available, and the full Licence Fee is payable. The Licence Fee provides access to Primal Alternative’s intellectual property, branding, community, recipes, and the right to produce and sell products under the Primal Alternative trademarked brand.
Licence Terms
Fees
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Licence Fee: Grants access to:
- Primal Alternative’s proprietary Recipes and Resources.
- The Primal Alternative business model, including the use of the trademarked brand.
- Any updates and improvements to Recipes and Resources.
- Online community of Primalistas.
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Monthly Membership Fee:
- This $130 fee is in lieu of royalties, meaning you retain 100% of your sales revenue. Unlike other models, you are not required to calculate or pay royalties on each sale.
- Maintains your Licence to produce and sell under the Primal Alternative brand.
- Covers access to ongoing training, resources, and promotional tools.
- Includes your listing on the Primal Alternative website.
Payment Plans
- Payment plans are available; however, it is an essential condition of Primal Alternative entering into a Payment Plan with the Primalista that continuous payments are made until the plan is paid in full.
- If you terminate after the cooling-off period, any unpaid fees under the plan become immediately due and payable.
Non-Exclusivity
The licence is non-exclusive, and no territory is assigned. Primalistas agree:
- Not to approach markets, stockists or customers already working with another Primalista.
- To maintain consistent wholesale and retail prices to prevent undercutting.
Taking a Baking Break
Short Baking Breaks
- Up to 3 months allowed with written notice, at Primal Alternative’s discretion, for serious situations (e.g., health, relocation, or family emergencies). Monthly Membership Fees may be waived during this time.
Extended Leave
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Definition: Extended Leave allows you to take a break (up to 36 months) from your Primal Alternative business without losing your Licence. This is for Primalistas who have a genuine intention to start baking again but, due to unforeseen circumstances, cannot produce at the moment.
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Conditions:
- Must be Licensed for at least 12 months or have paid the Licence Fee in full.
- Continuation of the $39 monthly fee is required. Failure to pay will result in your Licence being revoked.
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What Happens During Extended Leave:
- Your Primalista listing is temporarily removed from the website.
- Web access is paused, but email and Primalista Facebook Group access remain active.
- No additional fee is required to reactivate your Licence; simply notify Primal Alternative to resume production.
Responsibilities of Primalistas
Preconditions
Before producing for sale, you must:
- Obtain food business registration.
- Secure appropriate insurance.
- Complete required food handling training.
Compliance
- Follow all recipes, packaging, and pricing guidelines.
- Keep all materials confidential.
- Take full responsibility for your business and the quality of your products, resolving any consumer complaints.
Collaboration
- Communicate with other Primalistas using the Target Stockist Spreadsheet to avoid overlap with stockists and maintain the brand’s integrity.
Other Products
- You may create and sell other products alongside Primal Alternative products, provided they are not too similar and do not use the Primal Alternative logo. If in doubt, consult Primal Alternative.
Primal Alternative’s Responsibilities
Primal Alternative provides extensive resources, training, and support to ensure your success, including:
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Recipes, Branding, and Resources
- Proprietary Recipes and packaging instructions.
- Brand Guidelines to ensure consistent, professional branding.
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Sales and Marketing Support
- Training on brand positioning, ideal customers, and social media strategies.
- Tools to create lead magnets, handle influencer marketing, and host live events.
- A bank of Primal Alternative product photos and social media creatives.
- Training on how to get customers, make sales, and write invoices.
- Guidance on creating Primal Alternative boxes and bundles, and setting up market stalls.
- Nutritionist Product Comparisons for content creation.
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Business Tools
- Profit and ingredient calculators.
- Suggestions for suppliers (ingredients, labels, packaging, and equipment).
- Templates for batch recording, food recall, and handling complaints.
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Training and Community Support
- Access to video tutorials on recipes and packaging.
- Online meet-ups with other Primalistas online for collaboration and encouragement.
- Profit First training by a certified Profit First Professional.
- Meta Ads training by an experienced Ads Manager.
- A Primal Alternative-branded email address.
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Professional Materials
- Lab-tested shelf-life reports.
- FSANZ-compliant labels and barcodes.
- Branded marketing templates (e.g., brochures, business cards, and banners).
- Stockist Agreement Templates for managing relationships with stockists.
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No Sales Targets or Audits
- You are not required to meet sales targets, report sales, or undergo audits. Your business is truly your own.
Termination
By the Primalista
If you decide to hang up your apron, you may terminate with 7 days' written notice to [email protected]. All outstanding fees under a Payment Plan become immediately due and payable.
By Primal Alternative
- Failure to pay, on the third occasion of default, your Licence will be revoked.
- Breach of terms, including unauthorised recipe modification or conduct that harms the brand.
- Conduct inconsistent with the brand’s values or actions that bring the brand into disrepute.
Effect of Termination
- Licence rights are revoked, and any unpaid fees become immediately payable.
Relationship Between the Parties
This is not a franchise. You operate your own independent business and are not an employee, agent, or partner of Primal Alternative. You are solely responsible for your business operations and decisions.
Restrictive Covenant
For 12 months post-termination, you may not:
- Sell products similar to Primal Alternative Products.
- Start or support a competing business.
Intellectual Property
- All recipes, branding, and resources are protected intellectual property and remain the property of Primal Alternative.
- Materials must not be disclosed or used outside the terms of this agreement.
Dispute Resolution
- Disputes must be resolved through negotiation or mediation before legal action is considered.
- Negative public comments about Primal Alternative or other Primalistas are prohibited and may result in legal action.
Disclaimer
Primal Alternative does not guarantee financial success. Results depend on your effort, commitment, and individual circumstances.
Jurisdiction
This agreement is governed by the laws of Western Australia.