SCHEDULE

 

Services

We offer clinical hypnosis and strategic psychotherapy services. Sessions involve talking therapy and are designed to help clients with personal development and mental well-being. While there is no minimum term, we strongly recommend a minimum of four (4) sessions to achieve sustainable results. However, the number of sessions required will vary between clients and will be discussed with you based on your goals, progress, and individual needs.

Commencement Date

As per agreed booking schedule

Term

Until completion of the Services

Fees

As agreed

Payment Schedule

Fees are payable in full in advance prior to commencement of the Services.

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Package deals may be offered, allowing for a discount when booking and paying for a minimum of four sessions upfront. If you rebook at the end of the session for the next session you may initially be allowed to pay upon returning for the appointment, with the option to revert to upfront payment at the time of booking.

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Payment Method

You must pay for the Services by one of the following methods: credit or debit card (processed via a third-party payment processor), direct bank transfer (using the invoice reference provided), PayPal, PayID, or another payment method approved by us and notified to you in writing. Payment must be made in accordance with the Payment Schedule.

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Cancellation Policy

You must adhere to a 24-hour cancellation policy. Failure to provide notice within this timeframe may result in forfeiture of any fees paid for the session.

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Service Location

Services are offered both online (via Zoom) and in person. Physical locations may vary over time, and specific locations will be notified to clients as required.

 

The Terms and Conditions attached are incorporated into these Terms.

 

 

TERMS AND CONDITIONS

 

1. ACCEPTANCE

   1. These Terms are between the Parties set out in the Schedule, being us our successors and assignees, (referred to as “we”, “us”, “our” or “Business”), and you (referred to as “you” or “your”), and collectively the Parties.

   2. You have requested the Services set out in the attached Schedule (Services). You agree and accept that these Terms and Conditions (Terms) form the agreement (Agreement) under which we will supply Services to you for the Term. Please read the Terms carefully.  Please contact us if you have any questions.

   3. You accept this Agreement by:

1. signing and returning this Agreement;

2. confirming in writing including by email that you accept the Schedule;

3. allowing us to proceed with the Services; or

4. making part or full payment for the Services, by the methods set out in our Schedule or our tax invoice to you (Invoice).

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1. OUR SERVICES

   1. Each session lasts approximately 1 to 1.5 hours. While there is no minimum term, it is advised that clients undertake a minimum of four sessions to achieve maximum sustainable results.

   2. If set out in the Schedule, we will not commence performing our Services until you have paid the first instalment of our Fees.

   3. We agree to perform the Services set out in the Schedule with due care and skill for the Term.

   4. We may provide the Services to you using our employees, contractors and third-party providers and they are included in these Terms.

   5. We may refer you to a GP or mental health professional and suspend Services until we feel reasonably necessary in our sole discretion.

 

1. CLIENT INTAKE FORM

   1. You agree to complete a detailed Intake Form prior to the commencement of the Services. The Intake Form must be completed truthfully, accurately and in full, and requires you to disclose any matters that may impact the suitability or safety of the Services, including but not limited to any history of violent crimes, officially diagnosed mental illnesses, or other medical, psychological or behavioural conditions.

   2. The Intake Form will also collect information about your goals, expectations and any relevant medical or psychological history. This information enables us to assess your suitability for the Services and to tailor the Services appropriately.

   3. We may request additional information, documentation or clearance from a medical or mental health professional if we reasonably consider it necessary to assess your suitability for the Services.

   4. If, based on the information provided (or not provided), we determine that the Services are not suitable for you, or if you fail to provide accurate, complete or truthful information at any time, we may suspend or terminate the Services at our discretion.

   5. You acknowledge that failure to disclose relevant information may affect the quality, effectiveness and safety of the Services and may result in us declining to continue the Services.

 

1. YOUR COMMITMENT TO US

   1. By booking our Services, you confirm that:

1. you have the legal capacity to enter into a binding contract under Australian law;

2. you will cooperate with us and provide us with information and comply with requirements in a timely manner, as requested by us from time to time, that are reasonably necessary to enable us to perform the Services; and

3. you will inform us if you have reasonable concerns relating to our provision of Services under the Terms, with the aim that we and you will use all reasonable efforts to resolve the concerns.

 

1. PRICE, INVOICING, CANCELLATION AND PAYMENT

   1. You agree to pay us the amounts set out in the Schedule.  All amounts are stated in Australian dollars.  All amounts exclude Australian GST (where applicable).  Payment may be made by the Payment Method.

   2. You agree to pay the Fees in accordance with the payment arrangements set out in the Schedule or as otherwise notified to you in writing.

   3. We may offer package pricing, holding deposits or alternative payment arrangements from time to time, as specified in the Schedule or as otherwise communicated to you.

   4. You agree to pay our Invoices by the payment date set out on the Invoice. If you do not pay by the payment date (including any other services we have provided to you), we may cease to provide the Services to you until we receive payment.

   5. We may charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 8% per annum, calculated daily and compounding monthly, on any amounts unpaid after the payment date.

   6. If invoices are unpaid after the payment date, we reserve the right to take steps to recover any outstanding professional fees and outlays owing to us. In the event of non-payment, we have the right to engage debt collection services for the collection of unpaid debts, the right to commence legal proceedings for any outstanding amounts owed to us and the right to take any other adverse action against you as we consider appropriate. If any action is required to recover amounts owing to us (including without limitation issuing and receiving any correspondence, commencing court proceedings, taking enforcement action and so on), you acknowledge and agree that you are liable for and must pay all costs including without limitation debt collection, commission, charges, costs and any out-of-pocket expenses (including all legal costs and legal fees on an indemnity basis and all fees charged by counsel).You agree to indemnify us against any costs we may incur in recovering payment of any unpaid invoices.

   7. We reserve the right to report bad debts to independent credit data agencies.

   8. Cancellation: You must adhere to a 24-hour cancellation policy. Failure to provide notice within this timeframe may result in forfeiture of any fees paid for the session.

2. OUR INTELLECTUAL PROPERTY

   1. We own the Intellectual Property rights in:our pre-existing Intellectual Property, including but not limited to copyright which subsists in all creative and literary works incorporated into our pre-existing Intellectual Property; andintellectual Property that we create during the course of the Services unless we assign or transfer this to you. This Intellectual Property is protected by Australian and international laws.

      1. Nothing in these Terms constitutes an assignment or transfer of our Intellectual Property rights, or a right to use our Intellectual Property, whether registered or unregistered, except as stated in these Terms or with our written permission.

      2. This clause will survive the termination of these Terms.

3. DISCLAIMERS

   1. We do not make any claims or guarantees about the results of the Services. The outcomes of the Services depend on various factors, including your personal circumstances, commitment, and participation.

   2. The Services provided are not psychological therapy, and we do not accept clients, at our discretion, with serious mental illnesses or those officially diagnosed with mental illnesses. Clients requiring psychological therapy  or clinical treatment should seek professional help from a qualified mental health professional.

   3. By engaging in the Services, you acknowledge that the Services are designed to support personal development and mental well-being but are not a substitute for medical, psychological, psychiatric or other professional treatment.

   4. Results experienced by each client may significantly vary. We disclaim all responsibility and liability for any reliance on the Services as a substitute for professional medical, psychological or mental health advice.

   5. You agree that it is your responsibility to seek independent professional advice if you have any concerns about your mental or physical health prior to engaging in the Services.

   6. The Services are not suitable for crisis situations, including acute psychological distress, self-harm risk, trauma flashbacks, suicidal ideation, or any circumstance requiring urgent intervention. If you are in crisis, you must contact emergency services or a qualified mental health professional immediately.

   7. Nothing provided during the Services constitutes medical, psychological, psychiatric, legal, financial or other professional advice. Any decisions you make based on the Services are your sole responsibility.

   8. You are responsible for maintaining any existing medical, psychological or therapeutic treatment plans and for seeking ongoing professional care where required. You must not discontinue prescribed treatment without consulting your treating health professional.

   9. We do not assume responsibility for your wellbeing outside the scheduled session times. We do not provide crisis support, after-hours support, or on-call availability.

   10. Where the Services are delivered online, you acknowledge that online platforms and internet connections may be subject to delays, interruptions or technical failures. We are not liable for any disruption, delay or inability to access the Services caused by matters outside our control.

   11. We make no guarantees that any particular technique, approach, process or method used in the Services will be suitable for your individual circumstances. Different clients may respond differently to the same methods.

   12. Your progress and results depend on your personal commitment, participation and willingness to apply the strategies discussed during the Services. We are not responsible if you do not implement the techniques, practices or recommendations.

   13. We are not responsible for any decisions you make or actions you take as a result of the Services.

4. FEEDBACK AND DISPUTE RESOLUTION

   1. Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Services, please contact us.

   2. If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:

      1. The complaining Party must tell the other Party in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet (virtually) in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).

      2. If the Parties cannot agree how to resolve the dispute at that initial meeting, any Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complaining Party will ask the Law Society of Queensland to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute and will be equally responsible for the costs of the mediator.

         1. Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.

5. CONFIDENTIAL INFORMATION

   1. We, including our employees and contractors, agree not to disclose your Confidential Information to any third party (other than where necessary, to third party suppliers, or as required by law); to use all reasonable endeavours to protect your Confidential Information from any unauthorised disclosure; and only to use your Confidential Information for the purpose for which it was disclosed by you, and not for any other purpose.

   2. You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect our Confidential Information from any unauthorised disclosure; and only to use our Confidential Information for the purpose for which it was disclosed or provided by us to you, to provide better quality services to you and not for any other purpose.

   3. These obligations do not apply to Confidential Information that:

6. is authorised to be disclosed;

7. is in the public domain and/or is no longer confidential, except as a result of a breach of these Terms;

8. is received from a third party, except where there has been a breach of confidence; or

9. must be disclosed by law or by a regulatory authority including under subpoena.

   1. This clause will survive the termination of these Terms.

1. TERMINATION

   1. If either Party commits a remediable breach of these Terms and does not remedy the breach at its cost within a reasonable time after receiving written notice of the breach from the other Party, then the Parties agree to engage in the dispute resolution process set out in clause 8.2 in the first instance. If the dispute is not resolved after following that process, then either Party may terminate these Terms at any time upon written notice to the other Party.

   2. We may terminate these Terms immediately upon written notice to you, if:

      1. you commit a non-remediable breach of these Terms;

      2. you fail to provide us with clear or timely instructions to enable us to provide the Services;

      3. we, acting reasonably, consider that our working relationship has broken down including a loss of confidence and trust;

      4. for any other reason outside our control which has the effect of compromising our ability to perform the Services within the required timeframe; or

      5. you fail to pay an invoice by the due date.

   3. You may terminate these Terms immediately upon written notice to us if:

      1. we commit a non-remediable breach of these Terms; or

      2. either Party, acting reasonably, consider that our working relationship has broken down including a loss of confidence or trust.

   4. To the extent permitted by law, on termination of these Terms in accordance with clause 10.2 or clause 10.3 you agree that any payments made are not refundable to you to the extent of all Services provided prior to termination, including Services which have been performed and have not yet been invoiced to you.

   5. If you terminate this Agreement, you must pay for all Services provided prior to termination (and until completion of the then current billing cycle if applicable), including any Services which have been performed and have not yet been billed to you.

   6. On termination of these Terms you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and Intellectual Property.

   7. On termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information and Intellectual Property, and/or documents containing or relating to your Confidential Information and Intellectual Property.

   8. On completion of the Services, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to the Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.

   9. The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.

2. CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS

   1. Service Standard: We will provide the Services with due care and skill, the Services will be fit for the purpose that we advertise, and we will supply the Services within a reasonable time.

   2. ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

   3. Statutory Rights: Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for the Services is governed solely by the ACL and these Terms.

   4. Warranties: Except for your Statutory Rights, we exclude all express and implied warranties representations and guarantees and all material and work is provided to you without warranties, representations and guarantees of any kind.

   5. Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services, where it is affected by your delay in response or supply of incomplete or incorrect information.

   6. Referrals: We may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or their failure to advise or provide services.

   7. Availability: To the extent permitted by law, we exclude liability for:

      1. the Services being unavailable; and

      2. any Claims for loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation or any loss or damage relating to business interruption or otherwise, suffered by you or made against you, arising out of or in connection with your inability to access or use the Services or the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.

         1. Limitation: To the extent permitted by law, our total liability arising out of or in connection with the Services, however arising, including under contract, tort including negligence, in equity, under statute or otherwise, is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates. Our total liability to you for all damages in connection with the Services will not exceed the price paid by you under these Terms and pursuant to the Schedule for the 12-month period prior to the act which gave rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made.

         2. This clause will survive the termination of these Terms.

3. INDEMNITY

   1. You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:

   2. any information provided by you to us that was not accurate, up to date or complete or was misleading or a misrepresentation;

   3. your breach of these Terms;

   4. any misuse of the Services by you, your employees, contractors or agents; and

   5. your breach of any law or third party rights.

   6. We are liable for and agree to indemnify, defend and hold harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:

      1. any information provided to you by us that was not accurate, up to date or complete or was misleading or a representation;

      2. our breach of these Terms;

      3. any defect or omission in the Services from or by us, our employees, contractors or agents;

      4. our breach of any law or third party rights in connection with our provision of the Services to you.

   7. The Parties agree to co-operate with each other (at their own expense) in the handling of disputes, complaints, investigations or litigation that arises as a result of these Terms.

4. GENERAL

   1. Updated Terms: We may update or amend these Terms from time to time to reflect changes in our Services, business operations or legal requirements. Any updated Terms will apply to future Services and will be provided to you or otherwise made available to you before they take effect.

   2. Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.

   3. Publicity: You consent to us stating that we provided Services to you, including but not limited to using any session recordings, photographs or videos and mentioning you on our website, social media platforms and in our promotional material, unless you give us written notice that you withdraw your consent in this regard.

   4. Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

   5. GST: If and when applicable, GST or other foreign equivalent payable on our Services will be set out on our Invoices.  By accepting these Terms you agree to pay us an amount equivalent to the GST or other foreign equivalent imposed on these charges.

   6. Assignment: The Terms are personal to the Parties.  A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld).

   7. Severance: To the extent permitted by law, if any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.

   8. Jurisdiction & Applicable Law: These terms are governed by the laws of Queensland and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland.

   9. Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

5. DEFINITIONS

   1. Claim means any actual, contingent, present or future claim, demand, action, suit or proceeding for any Liability, restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising, whether direct or indirect, and whether in contract, tort (including but not limited to negligence) or otherwise;

   2. Confidential Information includes confidential information about the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential".

   3. Consequential Loss means any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, goodwill, reputation, publicity, date or use;

   4. GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations, or other foreign equivalent.

   5. Intake Form means the document provided by us that collects essential information about you, including but not limited to your personal details, medical and psychological history, and any other information deemed necessary to assess your suitability for the Services. This form is confidential and will be used solely for the purpose of providing the Services in accordance with these Terms.

   6. Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.

   7. Laws means acts, ordinances, regulations, rules, code and by-laws of the Commonwealth or any state or territory;

   8. Liability means any loss, liability, cost, payment, damages, debt or expense (including but not limited to reasonable legal fees);

   9. Term means the term set out in the Schedule.