TERMS & AGREEMENT FOR PHEATHERINE

 

CONFIDENTIALITY - Any information about you and/or your artwork is held with utmost confidentially and can only be released by the exceptions outlined below:

Under mandatory reporting legislation, we are morally and legally required to tell other people:

1. If there is serious concern that you may endanger yourself or others

2. If there is a suspicion or disclosed case of child abuse

3. If records are subpoenaed by court order.  There may be times when you consent for your information to be shared, such as with your medical professional, allied health practitioner, case manager and/or psychologists. This would only occur with discussion and your written consent is required.

 You agree that our Services are provided only based on the accuracy and completeness of the information that you provide to us. You further acknowledge that your failure to provide accurate and complete information or otherwise follow our recommendations, programs or training tools, may adversely affect the quality, efficacy or suitability of the Services. 

Medicare, Insurance Rebates & other health rebates are not available for our Services but it may pay to check with your provider first.  Should you have any concerns please advise us within 24 hours from the concern and we will do our best to rectify the situation.

 We agree to perform the Services with due care and skill.  We may provide the Services to you using our employees, contractors or any third-party provider.  Our Services may include face to face appointments and training but may also comprise delivery through our website or other online platforms and communication channels which may be out of our control.  The Service delivery mechanisms and platforms as well as face to face delivery locations may change from time to time, provided such change is reasonable.  We reserve the right to suspend our Services for up to four (4) weeks during the year, including the December/January holiday season.

 None of the Services provided by us or the products recommended by us is meant to diagnose, treat, alleviate or relieve any medical, health or mental conditions, nor guarantee any particular outcome or results. (c) Our Services are not intended as a substitute for the advice provided by your doctor, psychologist or other healthcare professionals. Our services are here to guide you, not judge you towards becoming a better version of you.  If you suspect that you have a medical problem or if you have pre-existing medical or mental condition, you should contact your healthcare provider before using our Services.  You should consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical or mental condition at any time.  You acknowledge that our Services are provided based on the accuracy and completeness of the information that you provide to us. You further acknowledge that your failure to provide accurate and complete information or otherwise follow our recommendations, programs or training tools, may adversely affect the quality, efficacy or suitability of the Services.

 ONLINE SESSIONS - You must ensure that you have access to an available computer, telephone or other mobile device at the time of your booking and have sufficient telephone and internet reception in order for us to be able to deliver our online services to you.  All individual coaching sessions require that both parties be fully present and have access to a private, quiet space where you will not be interrupted. Sessions may not be conducted while driving or otherwise unduly distracted. If you do not satisfy these requirements, we reserve the right to terminate your session without refund.  While we use our best efforts to operate our programs as per any published timetable, in some instances changes are required. We do not guarantee strict performance or compliance with any timetable however changes will be communicated to you prior to the scheduled program, class or workshop. In the event of non-service, arrangements will be made for either a refund or rebooking. Refund requests will be assessed on a case by case basis and when genuine value isn’t able to be received (in our reasonable opinion), refunds may be granted.  If you are unable to attend a program or class, a make-up program or class may be available. However, we do not guarantee that there will be availability. A maximum of one (1) make-up programs or classes are available per 5-week course.

FACILITIES - Any use of our property, facilities or locations are at your own risk and you indemnify us against any and all Claims, damages, costs or liabilities that may arise as a consequence of your use of the property, Facilities or Location.

TERMINATION OF AGREEMENT - We may suspend or terminate this Agreement if you breach any of the terms set out in this Agreement; require us to act unlawfully or unethically; directly or indirectly indicate or suggest you have lost confidence in us or fail to carry out our reasonable instructions; or fail to make Payment.  If our Services is terminated by either of us you agree, we are entitled to all Payments up to the termination.  On termination of this Agreement 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. Any accrued rights or responsibility of us or you are not affected by the termination of this Agreement.

 When using our website, online platforms and other communication channels: you are solely responsible for the protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time; you will not reveal (or cause to be revealed through act or omission) your password to any person; you will immediately notify us if your password is lost or becomes known to any other person; and any information or material posted or uploaded becomes our property.  Whilst we will use reasonable endeavors to ensure that our website, online platforms and communication channels are available continuously, we do not represent nor warrant that your access will be uninterrupted, timely, secure or error free.  Access may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.  Our website, online platforms or communication channels may contain links to other websites or online platforms not owned by us and we do not accept liability for the availability or content of these external websites and your use is subject to the terms of use and service contained within the respective online platforms.

 FEEDBACK & SOCIAL MEDIA - Your feedback is important to us. You agree to raise any concerns, problems or issues in relation to the Service with us directly in person or via the phone or email.  You agree not to post any content on our website or any of our social media accounts that is or could reasonably be considered to be inappropriate, defamatory, disparaging or would otherwise bring us into disrepute.

 You agree and understand that we do not change your habits for you; we give you access to information, people, tools and interactive sessions; use of our Services is not a guarantee of successful behaviour change and we are not liable for any negative impacts that your actions have on you or your long-term health.  You agree that we own all intellectual property rights in our Materials, and that nothing in these General Terms constitutes a transfer of any intellectual property ownership rights in our Materials, except as stated in these General Terms or with our written permission. Your use of our Materials does not grant you a license, or act as a right of use, any of the intellectual property in the Materials, whether registered or unregistered, except as stated in these General Terms or with our written permission.  You must not breach our copyright or intellectual property rights by, including but not limited to: altering or modifying any of the Materials; creating derivative works from the Materials; or using our Materials for commercial purposes such as on sale to third parties.

 INDEMNITY - 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 legal costs, resulting directly or indirectly from: any information that is not accurate, up to date or complete or is misleading or a misrepresentation; the Services; any breach of this Agreement; and any misuse of our Services from or by you. You agree to cooperate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of the Agreement.  

 GENERAL MATTERS - Any amendments to this Agreement must be made in writing or if agreed verbally between us, must be confirmed in writing within a reasonable time after such verbal agreement.  You agree that we may use email to communicate with you and may use the email address that you provide to us for that purpose.  You agree to release us from any liability for any loss which you might incur if an email is intercepted or corrupted during transmission or if a document which we prepare for you is altered by you or any other party without our written consent.  This agreement is governed by the laws of Queensland and each of us agree to submit to the non-exclusive jurisdiction of the courts of Queensland.  This Agreement may be executed, in original form, by facsimile transmission or by electronic signature, and in any number of counterparts each of which will be considered to constitute the same instrument.  Any provision of this Agreement that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions.

 APPOINTMENTS - Art Therapy appointments are scheduled through direct communications with the practice.  All appointments are created in advance to suit the clients personal needs, so we recommend booking well in advance.

CANCELLATIONS - Our cancellation policy is strict and non-negotiable. 24 hours’ notice is required when clients need to change or cancel a session (so we can offer this time to someone else).

 PAYMENTS - Payments MUST BE made on the day of your appointment via cash or paid for by online banking before the start of the session

COMMUNICATION Please switch off your mobile phone and other devices for the duration of your therapy session/group. School aged clients are required to leave their device with their parents/carers for the session. Clients can contact the art therapist by e-mail or text to confirm or change appointments or update basic information. Clinical questions and issues cannot be answered/discussed via e-mail/ SMS or text and will be deferred to the next session. This is because these forms of communication are not considered a secure/confidential enough form of communication.

SELF CARE - In your art therapy sessions, you will be asked to outline your needs, goals, and identify ways you could improve your emotional and/or mental health. At times, this may bring up difficult feelings or memories. This is part of the process. Please do not hesitate to address it with us so we can further support you.  Continuing art therapy and/or accessing other psychological support services is recommended, in order to work through difficult feelings as they arise.

CARERS / SUPPORT WORKERS - Carers and parents are encouraged to drop clients off and collect them at the end of their session.

OTHER – The hand-out & art therapy services provided by Pheatherine & are not always suitable for others.  For legal and ethical reasons, it would be inappropriate for clients to offer/share art therapy interventions with others after attending Pheatherine group or individual sessions. Handouts and other resources remain the intellectual property of Pheatherine and may not be copied or distributed without permission.

ART THERAPIST RESPONSIBILITIES - To be prepared and ready for each session To provide a safe and supportive environment for art making.  To keep all personal information and art work confidential & sharp objects out of reach.

CLIENT RESPONSIBILITIES - To keep scheduled appointments, show up on time or slightly beforehand.  If you are late then it just eats into your time as we stick to a tight schedule to accommodate others.  Please leave promptly after sessions so appointments can work like clockwork.  To switch off your phone/devices.  To be open and trust the process of art therapy and only share what you feel comfortable to share.