Service Agreement

Introduction

My intention in offering my services is to support, advice and guide you through to your naturopathy and/or child sleep goals.

You will get the most out of working with me if you are honest, give me feedback if something is not feasible, stay on top of your appointments, and communicate with me whenever necessary through Voxer or email.

I welcome constructive feedback as an opportunity to review and improve my practices. Please contact me at georgie@georgieduncan.com.au if any issues arise.

Parties to the Contract

This Agreement is between:

Georgina Duncan trading as Georgie Duncan/ Elemental Wellbeing.

ABN: 85 592 602 034

Email: georgie@georgieduncan.com.au

AND

You, the client/patient. Your details were provided in the intake form you filled out as part of my onboarding process.

Communication

Monday - Thursday 9am – 5pm WST

Contact me via email or voxer, or phone number if this is what we have agreed on.

I will reply to all concerns within 48 hours, between Monday - Friday.

Payment Terms

The price of your service that you chose is outlined in the booking page. The price is in Australian dollars and is inclusive of GST. Payment is via Stripe. In exceptional circumstances, clients may pay me directly to my bank account or in cash. Payment plans are offered for your convenience only, so you can spread your payment out over time. You are still committed to paying the whole amount if you have completed all consults or have used up the time frame allocated for the service. If you decide halfway through the service that you would like to withdraw, I will offer a partial refund only in exceptional circumstances. Allowing you not to complete your payment plan obligations would also be unfair discrimination against clients who have paid in full upfront. It is your responsibility to ensure you have sufficient funds to make payment instalments on time, and to contact me immediately if there are any problems.

Late Payments

I understand that issues may arise. Discuss your situation with me, and we can decide together the best way to proceed. If your payments continue to be declined, then I will forfeit our next consultation until the payments are up to date. If you have completed your consultations and your payments remain late, with no explanation as to why, I will send weekly reminders for 3 months before calling on further support.

If an invoice is more than 90 days overdue, you agree to pay all costs, including debt collection agency fees and solicitor’s costs, that I may incur in taking steps to recover any money that you owe to me, regardless of whether legal proceedings are issued in relation to the debt.

Withdrawal & Refunds for Change of Mind

Withdrawing from consultations or services is your choice, but there are no refunds, unless there is an exceptional circumstances in which you have clearly communicated with me, and I deem to be fair and reasonable.

No refunds are to be given if you have completed your time and/or all consultations agreed with me in your purchase package if you do not deem that your goals have been met, or you are unhappy with my service for whatever reason. Refunds will only be considered in exceptional circumstances that I deem to be fair and reasonable.

This section applies specifically to refunds for change of mind. If there is a problem with my services, please see the sections on Consumer Rights, Indemnity & Limitation of Liability and Dispute Resolution below.

What to Expect

You will receive the amount of consultations, treatment plans and support, for the duration of time, as described in the package option that you choose, whether this be Naturopathy or Child Sleep Support.

Appointment Policies & Cancellation Fees

All appointments will take place either via Zoom or phone call, as preferred by the client, or in times of internet liabilities, we may have to use the phone. For the child sleep support check in, if the client prefers to use Voxer for voice notes and tests, then this will be used instead of a phone or zoom consult.

Clients who are over 50 % late for their appointment, may be at risk of losing their appointment time entirely. The appointment time will end at the scheduled time, regardless of when the client began.

Clients who reschedule less than 24 hours of the appointment time can expect a 50% charge fee. Clients who reschedule less than 12 hours before the appointment time can expect a 100% charge fee.

Clients who cancel less than 24 hours of the appointment time can expect a 50% charge fee. Clients who cancel less than 12 hours before the appointment time can expect a 100% charge fee.

The client is allowed to record our consultation, as long as I have given permission.

I will not record our consult.

Practitioner Responsibilities

My qualifications include a Bachelor Degree of Naturopathy, and a Certified Baby Sleep Consultant.

My duty of care is to uphold my promises delivered to you in terms of all communication, treatment plans and any additional written support I offer such as letters to doctors or other health professionals that are involved in your case.

I will make sure that insurances and registered bodies are up to date.

I only work with minors with their parents or guardians’ express consent.

No Guarantee of Results

While I wish I could say otherwise, there are no guarantee for any results for any of my services.

Consumer Rights, Indemnity & Limitation of Liability

I take my obligations under Australian Consumer Law seriously and will do my best to address any issues that arise. However, even if there is a major problem, my liability is strictly limited to:

providing my services again; or
if I am unable to do so within a reasonable time, refunding the full amount that you have paid to me in the relevant period.

If you feel that there is any problem with my services, please let me know within 7 days after your last consultation. I am want to understand what has gone wrong if you are unhappy so that I can address your concerns and try to find a mutually acceptable solution.

I do not make any guarantees or warranties about the accuracy of any material that I share with you during our work together, with the exception of any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law. I am human and errors creep in despite the best of intentions. If you see something that doesn’t seem right, please let me know.

You take full responsibility for your implementation of any suggestions that I may make while providing my services. You understand that my advice is limited to providing you with options for your consideration, and that you are solely responsible for any actions that you choose to take. Always listen to your body, do your own research, and check with appropriately qualified professionals before making major decisions or significant changes. You agree to indemnify me against all consequences arising directly or indirectly from your choices.

While I make all reasonable efforts to ensure that my services meet with the highest standards of best practice, if something does go wrong that is not a direct result of my negligence, misrepresentation or deliberate fault, you agree that, to the fullest extent permitted by law, I will not be liable for any loss or damage arising out of or related to my services.

You expressly agree that if this clause is unenforceable for any reason, my total cumulative liability for all causes of action of any kind (other than negligence or deliberate wrongdoing) shall not exceed the amount that you have paid to me.

Privacy & Confidentiality

I may share confidential, behind-the-scenes information about my practices, business, and personal life that are not intended for public consumption. You agree to respect my confidentiality and not discuss this information with anybody else.

I or any staff I might have may have access to your confidential information to assist me with my record-keeping and administration needs. This access is on a strictly need-to-know basis. Any staff/subcontractors have signed a confidentiality agreement that prevents them from disclosing your information.

Intellectual Property

Commercial exploitation of my content, resources and materials (“intellectual property”) in any way that competes with my business is strictly prohibited. You are expressly prohibited from claiming my intellectual property as your own.

Copyright

Copyright material is provided to you for your personal use only and must not be copied or shared in any way without my written consent.

Trade Secrets

During our work together I will be sharing trade secrets and confidential information about my modality/approach/resources with you. It is an essential condition of this Agreement that you agree that you will not share recordings or provide extracts of any of my content to anyone else without my written permission.

Trade Marks

I claim exclusive ownership of my business name/logo/modality name as a registered or unregistered trade mark. My trade marks may not be used in connection with any other product or service without a licence, in any way that is likely to cause confusion in the marketplace, or in any manner that is disrespectful of me or my business.

Dispute Resolution and Jurisdiction

If a dispute arises, you agree that you will not engage in any public discussion about the issues, will behave politely towards me, and will avoid any conduct or communication which might reasonably be expected to interfere with my business or personal interests. You agree to act in good faith and be reasonably cooperative at all stages of the dispute resolution process. I will treat you with the same consideration.

If you have any concerns or complaints, you agree to communicate with me with the intention of making a genuine effort to seek a win/win solution and trying to resolve the dispute in good faith through negotiation and discussion. Please email me at georgie@georgieduncan.com.au and expect a response within 2 business days.

If the problem cannot be resolved within a reasonable time, you agree to engage in mediation and alternative methods of dispute resolution, with litigation being a last resort. I commit to making a similar effort to resolve any disputes in a friendly manner.

This Agreement is subject to the governing law of Western Australia. Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of Western Australia and the Commonwealth of Australia, will have exclusive jurisdiction.

Whole Agreement

This document comprises the whole agreement between all parties concerning the services that I will provide and replaces any prior agreement, arrangement or understanding regarding our work together.

Variation

This contract may be amended by agreement between the parties. It is sufficient for a variation to be contained in an email exchange between you and me where everyone expresses clear acceptance of the proposed changes.

Severability

If any part of this Agreement is held to be void, illegal or unenforceable, it can be removed without affecting the validity, legality or enforceability of any other part of this Agreement.

Force Majeure

Neither party will be responsible for not performing or delaying their duties under this Agreement due to events beyond their control. These events include natural disasters, terrorism, labour strikes, war, government actions, epidemics or pandemics, quarantines, emergencies, or similar situations beyond their reasonable control.

If such an event happens, the affected party must inform the other party in writing within 5 business days. The notice should explain the event and what steps are being taken to reduce its impact. All parties agree to work collaboratively and explore alternative options to minimise the impact of the force majeure event as much as reasonably possible.

Includes without Limitation

The word ‘including’ and its variations is to be read as meaning ‘including, but not limited to’. Any examples provided are for illustration only and do not limit the broader application of the clause.

This Contract is Copyright

A lot of effort has been invested in making this agreement easy to read and fair to everyone involved. Please let me know if you find anything that is not fully aligned with my practice, or which is difficult to understand.

This document was created with the support of Carefree Counsel. Copying it without permission is a breach of copyright, and bad business practice.

Signed as an Agreement

When purchasing a package and signing an intake form, you agree that you have also read and understood all the above information in this Service Agreement. Purchase and signature on intake form, is considered also a signature of reading this service agreement.