TERMS & CONDITIONS

  1. I agree to abide by the rules set by Jacintha Field [ABN 92 880 080 968] (Jacintha) and acknowledge that I am participating voluntarily in Family and Counselling, Art Therapy, Yoga, Breathwork, Play Therapy, Meditation, Growth Mindset. Nutrition (Sessions).

Fees

  1. I agree to pay the fee (Fee) charged by Jacintha for my participation in the Session in full at the time of each Session.

  2. I acknowledge and agree that this Fee is non-refundable and that Jacintha, in her sole discretion, may grant refunds to me without prejudicing any rights under these Terms.

  3. Overdue Fees may incur interest at the rate of 10% per annum and an additional administration fee.

Cancellations and Late Sessions

  1. If I need to cancel a Session with Jacintha, I agree to provide at least 24 hours’ notice. If I provide less than 24 hours’ notice I acknowledge that I will be required to pay 50% of the full Fees for the missed Session.

  2. Sessions will be held weekly at the same time in order to build trust and take place via telehealth or in person.

  3. If I am late to a Session, I acknowledge that I may receive a shorter session for the same Fee.

  4. Jacintha reserves the right to cancel any Session, in which case a full refund will be granted or credit provided.

Consents, Disclaimers, indemnities, telehealth & in person sessions

  1. I agree with the attached Terms and Conditions at Annexure A with regard to:

    1. Consent to telehealth

    2. Consent to In person

    3. Disclosure of personal information and confidentiality

    4. Disclaimers; and

    5. Indemnities

ANNEXURE A

Disclaimer

I acknowledge and agree that:

    1. I will participate and engage in each Session with Jacintha to the best of my ability.

    2. Not fully participating or engaging in a Session or not complying with any instructions that Jacintha has advised means that I may not receive the full benefit of the Sessions;

    3. All recommendations provided by Jacintha are based on the information that I have provided.

    4. It is my responsibility to follow Jacintha’s advice; and

    5. I acknowledge that Jacintha does not provide medical health advice or psychological advice. If I require medical health advice, psychological advice or other professional advice not provided by Jacintha, I should seek a medical health practitioner or other suitably qualified professional.

Telehealth

Provision of a telehealth service

Jacintha may conduct your sessions via telephone or videoconferencing such as Zoom. You are responsible for the costs associated with setting up the technology needed so you can access the Sessions via telehealth.

To attend telehealth consultations you will need access to a quiet, private space; and the appropriate device, i.e. smartphone, laptop, iPad, computer, with a camera, microphone and speakers; and a reliable broadband internet connection. 

Privacy & limitations of telehealth

The privacy of any form of communication via the internet is potentially vulnerable and limited by the security of the technology used and you acknowledge that Jacintha cannot control the security or otherwise of third party platforms used for telehealth consults.

A telehealth consultation may be subject to limitations such as an unstable network connection which may affect the quality of the Sessions.

Consent to telehealth

In agreeing to the Sessions and accepting the Terms and this Annexure A, you consent to telehealth nd/or in person Sessions. Further, you acknowledge that as part of providing the services in the Sessions to you, Jacintha needs to collect and record personal information from you that is relevant to your situation, such as your name, contact information, medical history and other relevant information that Jacintha requires for your Sessions. This collection of personal information is a necessary part of the Sessions and we have our privacy policy available upon request to reassure you how we use this information.

Disclosure of personal information

Personal information gathered during our Sessions will remain confidential except when:

  1. it is subpoenaed by a court; or

  2. failure to disclose the information would place you or another person at serious risk to life, health or safety; or

  3. your prior approval has been obtained to

    1. provide a written report to another professional or agency. e.g., a GP or a lawyer; or

    2. discuss the material with another person, e.g. a parent, employer or health provider; or

    3. disclose the information in another way; or

  4. you would reasonably expect your personal information to be disclosed to another professional or agency (e.g. your GP) and disclosure of your personal information to that third party is for a purpose which is directly related to the primary purpose for which your personal information was collected; or

  5. disclosure is otherwise required or authorised by law.

Release and indemnity

I grant a waiver and release (Release), indemnify, hold harmless and forever discharge Jacintha, and her agents, employees, officers, directors, affiliates, successors and assigns, coaches and teachers of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in the Sessions I am registering for, provided that this waiver of liability does not apply to any negligent act or omission by Jacintha. 

By providing this Release, I assume any risk, and take full responsibility and waive Jacintha of all responsibility of personal injury, death or damage associated with the Sessions held by Jacintha. 

I acknowledge and agree that to provide the Sessions to the best of her ability, Jacintha may need to communicate the details of my medical condition with my treating practitioner and/ or general practitioner, and I hereby consent for Jacintha and her employees and/ or representatives to exchange such information with the people deemed necessary by Jacintha for such purposes.

LIMITATION OF LIABILITY

Jacintha and her agents, employees, officers, directors, affiliates, successors and assigns, coaches and teachers shall not be liable for, nor shall they accept any responsibility for any injury, loss or damage howsoever sustained by me arising out of any of the treatments or procedures delivered in a Session or in any way whatsoever which does not arise from any negligent act or omission by Jacintha.

ENTIRE AGREEMENT

These Terms contain the entire agreement between parties, and supersedes any prior written or oral agreements between them and the provision of these Terms will continue in full force and effect even after the termination of the Sessions conducted by Jacintha, whether by agreement, by operation of law, or otherwise. 

JURISDICTION

These Terms are governed by the laws of Victoria, Australia.