- a) The Practitioner must perform the Services with reasonable skill, care and diligence;
- b) Comply with all the relevant laws and regulatory requirements (including privacy laws);
- c) Comply with applicable health and safety policies;
- d) Carefully document session notes;
- e) The Practitioner must use their own skill and judgement as to how to perform the Services
- f) The Practitioner represents and warrants that they possess the necessary experience and qualifications to enable the full and proper performance of the Shamanic Services.
Warranties, Guarantees and Liability
The Client shall indemnify and hold harmless the Practitioner from and against any loss or liability incurred arising from any actions or decisions directly or indirectly taken by the Client arising out of any information from sessions during the course of this Agreement.
The Practitioner does not warrant or guarantee any specific level of performance or results arising from the Services provided in this agreement. Both parties agree that they are not entering into any kind of partnership with this agreement
Termination of Agreement
Either party may terminate the Agreement by giving 15 Business Days notice in writing to the other party or upon mutual agreement. If payment has been made for the subsequent period, a refund may be processed if mutually agreed. Notice should be given in writing via electronic mail to email@example.com
This Agreement is governed and construed by the laws of New South Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.
Confidentiality and privacy of information
The Practitioner must keep all Confidential Information in a secure manner.
Clients have the right to expect that information revealed in sessions not be disclosed without extraordinary justification. The conditions that justify the release of information and by law must be reported to the appropriate agencies, are the following:
- Reasonable suspicion of child abuse or neglect.
- Reasonable suspicion of senior citizen abuse or neglect.
- A client posts a serious risk of suicide and is an imminent danger to self.
- A client poses a threat of imminent danger to another person.
- A Judge, but issuance of a court order, may obtain information.
- Report to law enforcement authorities knowledge of a felony that has been, or is being committed.
In other situations, signed authorities for release of information is required.
The Practitioner must keep all Confidential Information in a secure manner and in line with The Privacy and Personal Information Protection Act 1998 (PPIP Act); and
The Health Records Information Privacy Act 2002 (HRIP Act).
Fees and Payment
Fees as outlined in Client Agreement should be paid prior to the Commencement Date and may be paid as agreed with the Practitioner. Payment can be made as follows:
- a) Automated credit card subscription during the Agreement period via a third party payment processor
- b) Direct bank transfer to nominated account by the Practitioner
- c) Cash
Duration and Frequency of Sessions
The duration of the period of Services will be from the Commencement and End Date agreed in the Client Agreement. The frequency is generally once every 2 weeks. The Client is responsible to book their appointment during the Practitioner’s working Business Days. The duration of each session will be between 60 – 75 minutes. It is the responsibility of the Client to commit booking and attending the session at the scheduled time
Cancellation and Rescheduling Policy
48 hour cancellation or rescheduling notice with no penalty. Within 48 hours, session is forfeited and considered non-refundable unless otherwise agreed.
Repeated cancellation requests may result in the review of the whether the Services or Agreement should continue.
Practitioner Rights and Responsibilities
- Respecting human rights and dignity and providing Services intended for the best interests of the Client
- Respecting the Client’s right to be self responsible, self-governing and fostering the Client’s self care
- Ensuring the integrity of the practice of the profession(s) and the integrity of the practitioner – client relationship
- Providing equal opportunity and fair treatment to clients to avail Services offered
- Ensuring all reasonable steps to provide a safe environment for Services to take place
- Upholding respect for fundamental rights, morals, cultural values, dignity, privacy, self-determination
- Ensuring that information shared is understood and that consent provided is informed
- Commitment for self recognition for any limitations of competence
Client Rights and Responsibilities
- Rights to receiving fair, equal opportunity to avail Services, free of discrimination and judgement
- Rights to being in a safe environment during any Services rendered including but not limited to physical, emotional, mental or spiritual safety
- Right to choose to continue or terminate their Services and Agreement at any time
Conflict of Interest
The Practitioner – Client relationship shall be maintained as a professional relationship, and must not be concurrent with any supervisory, training, or romantic relationship. This may include relationships with former clients and caution must be exercised.
It is the responsibility of both the Practitioner and Client to maintain the relevant healthy boundaries as required and reasonable.
Crisis and Emergency Process
In the case of any emergency, the Practitioner is authorized to contact the listed emergency person and / or contact the nearest doctor / hospital to organise any medical attention on the Client’s behalf, if it is deemed reasonable and necessary to do so. Reasonable action will be at the discretion of the Practitioner, given the nature of Services are provided online and actions to take may be limited. It is the Client’s responsibility for any costs incurred for outside medical attention or treatment.
Scope of Therapies Used
The Services provided are outlined in the Schedule of the Client Contract. The types of therapies used in the context of counselling may cognitive, behaviorial, narrative, strengths based, motivational, mindfulness, holistic, shamanic, hypnotherapy based techniques and solution focused approaches.
Where the Practitioner determines that their provision of Services is inadequate to meet the needs of the client, OR that the the Client can benefit from the support of other service providers and professional practitioners, then the Practitioner may make a referral for Client. The Practitioner will discuss and facilitate the process with the Client as agreed upon.
The Client is free to decide whether they wish to engage with the referred practitioners. The Practitioner and Client will then revisit the appropriateness of whether the Agreement shall continue.
Complaints or disputes arising from the Client’s participation in hypnotherapy sessions should it arise, shall initially be decided by the Board of Directors of the International Board of Hypnotherapy in accordance with its published procedures for reviewing and deciding complaints against its members.
If you have any questions regarding these terms and conditions of your Agreement and Services, please write via email to hello@katarasky