Service agreement
OVERVIEW
This Services Agreement is entered into between Align with Alice (herein referred to as ‘Align with Alice’, ‘We’, ‘Us’ or Service Provider’) and you as the client (herein referred to as ‘You’, ‘Your’ or ‘Patient’, or ‘Client’).
This Agreement sets out the terms and conditions under which the Service Provider will provide the Client with the Services.
The Client acknowledges that they have read and understood the T&Cs prior to accepting the Agreement and have sought professional and/or legal advice should they require clarification on any aspect of the Agreement.
SERVICES AND OBLIGATIONS
Suitability:
Prior to Commencement, we will invite you to complete an intake form.
We will rely upon the information provided by you in the intake form and exercise our professional judgement based on our expertise and the information available to us to determine the most appropriate services.
You are responsible for providing accurate and complete information to us to facilitate the delivery of appropriate services.
You agree that we may, in our absolute discretion modify or cancel our services if you have provided inaccurate or false information during the intake form or intake session.
Service Provider Obligations:
We are committed to providing you with accurate and comprehensive information about the benefits, risks, and potential outcomes of any program or service offered.
We agree to provide the Services as outlined and as mutually agreed between the parties. You acknowledge that the Services are limited to those specified and do not extend beyond the agreed scope.
We will perform the Services to the best of our ability and in accordance with applicable industry standards.
Our services will be provided virtually.
While we strive to achieve positive results and outcomes, we cannot guarantee specific results or outcomes, as individual responses to treatments and programs can vary.
We will work closely with you to establish realistic expectations, regularly evaluate your progress and make necessary adjustments to your treatment plan or program to optimise your outcomes however the ultimate responsibility for implementing and following the recommended program rests with you as the client.
We reserve the right to adjust our fees for services provided, as necessary and in accordance with Applicable Laws and professional guidelines.
Any fee adjustments will be communicated to you in writing, providing reasonable notice prior to the effective date of the fee increase.
The notice will outline the new fees and the reasons for the adjustment, taking into account factors such as operating costs, inflation, and industry standards.
Client Obligations:
You acknowledge that you are solely responsible for determining whether the Services are appropriate for you.
You are encouraged to ask questions, seek clarification, and actively participate in the decision-making process regarding engaging our Services.
In the event that you sign up to other courses or programs we offer, you may be required to enter into a separate Agreement applicable to the provision of those services.
You agree to communicate any concerns, changes in your health status, or unexpected reactions to treatments promptly, so that we can provide appropriate support and adjustments.
You:
must not be under the influence of drugs or alcohol while the Services are being performed;
are responsible for providing accurate and complete Client Information to us to facilitate the delivery of appropriate services;
proactively update any Client Information as soon as reasonably practical during the Term of the Program to ensure continuity of Service;
understand that if you are receiving care or treatment from any medical, healthcare or therapy practitioner, e.g. GP, Psychologist, Psychiatrist or Counsellor, you may be asked to seek their permission before any services can commence.
are solely responsible for informing your medical providers of the Services being provided under this Agreement and we shall not be held responsible for communicating or coordinating with your medical providers regarding the Services being provided unless it is necessary to do so;
understand that the Services we provide are not intended to nor do they replace any medical, psychological or other health advice;
understand that Rapid Transformational Therapy is contraindicated if you have any of the below conditions:
Epilepsy
Auditory/visual hallucinations
Dissociative disorders
Personality disorders
Psychosis
Schizoaffective disorder
Schizophrenia
will notify us immediately if there is a medical diagnosis during the course of the Services being provided that may impact the Services we offer you; and
will ensure punctual attendance at all appointments that form part of the Services.
Mutual obligations:
Each party agrees that the other party will not be liable for any failure to carry out any obligation under this Agreement to the extent it is caused by the failure of the other party to comply with their obligations under the Agreement.
DISCLAIMER
The services provided by Align with Alice and the information provided on www.alignwithalice.com is not intended to replace any medical, psychological or other health advice. Alice Mason is not a licensed medical doctor, psychologist or psychiatrist. Although Alice Mason is a Registered Nurse and Registered Midwife, services provided by Align with Alice do not fall under nursing or midwifery care and do not replace individual medical care in any way.
If you have concerns about your health, do not delay in seeking medical advice from your healthcare provider or nearest hospital emergency department.
If you are receiving care or treatment from any medical, healthcare or therapy practitioner, e.g. GP, Psychologist, Psychiatrist or Counsellor, you may be asked to seek their permission before any services can commence.
If you are currently receiving care or treatment from a medical professional, you are required to continue working with them for management of your ongoing medical care.
Rapid Transformational Therapy and hypnotherapy is not always the appropriate treatment for some issues and are contraindicated for those with epilepsy, dissociative disorder, personality disorder, psychosis, schizoaffective disorder, schizophrenia, bipolar disorder, hallucinations, delusions or seizures.
While we strive to achieve positive results and outcomes, we cannot guarantee specific results or outcomes, as individual responses to treatments and programs can vary.
FEES
Full payment is required at time of booking
All Fees will be payable via Stripe.
CANCELLATIONS, RESCHEDULING AND REFUNDS
Please see the full cancellation and refund policy here.
HYPNOTHERAPY RECORDINGS
Hypnotherapy recordings should not be listened to whilst driving, operating machinery or undertaking any other activity where concentration is required. Any recording provided is for your personal use only and must not be shared, lent, copied or sold under any circumstances.
AGE RESTRICTIONS
You must be at least 18 years old to participate in services provided by Align with Alice.
CONFIDENTIALITY AND PRIVACY
Each party agrees that, unless it has the prior written consent of the other party, it will:
keep the Confidential Information of the other party confidential at all times;
ensure that any person to whom Confidential Information is disclosed is aware of and complies with this clause; and
where there is prior consent, inform the other party of any proposed disclosure, including the form of disclosure, within a reasonable timeframe.
These obligations of confidentiality do not apply to any disclosure that:
is for the purpose of performing the Agreement or exercising a party’s rights under the Agreement;
is required by Applicable Law;
relates to Confidential Information that is publicly available through no fault of the receiving party, or was rightfully received from a third party without restriction and without the breach of any obligation of confidence.
relates to the possibility of harm to yourself or others
relates to cases of fraud or crime
involves minors (under 18 years old)
Any Confidential Information supplied to us that incorporates personal information will be dealt with in accordance with our Privacy Policy, which is available on our website.
This clause 10 survives termination or expiry of this Agreement.
INTELLECTUAL PROPERTY
We retain sole ownership of all Intellectual Property Rights (including Moral Rights) in our Services and materials, whether created prior to or during provision of the Services. These materials are not to be used by you without our express written permission.
Any original materials are provided to you under a single-use licence for your individual purposes, and are not to be used for commercial purposes.
If you infringe our Intellectual Property Rights, we reserve the right to terminate this Agreement with immediate effect and pursue legal remedies.
MARKETING
Evidence-Based Information:
We are committed to providing evidence-based information to inform patients about our services, treatment options, and practices.
Our marketing materials, website, social media content, and any other forms of communication will focus on evidence-based information, such as clinical studies, research findings, or professional expertise, to educate patients about the benefits, risks, and outcomes associated with our services.
Case Studies and Patient Stories:
De-identified case studies or patient stories may be used for educational purposes to highlight general treatment approaches or share experiences without making claims of specific outcomes or effectiveness.
Client privacy and confidentiality will be strictly maintained, and any identifying information will be removed to protect their privacy.
Educational Content:
We will provide educational content that aims to enhance patient understanding of treatment options, and self-care strategies.
This content will focus on general information about the benefits of specific treatments or interventions supported by scientific evidence, without making individualised claims or promises.
Compliance with Applicable Laws:
We are committed to ensuring compliance with Applicable Laws.
Our marketing practices and materials will be regularly reviewed and updated to ensure adherence to Applicable Laws.
This clause 7 survives termination or expiry of this Agreement.
TERMINATION
We may terminate this Agreement with immediate effect if:
we determine that in our professional opinion, you are not suitable to undertake our services;
you fail to provide the Client Information or other information within a reasonable time of our request;
you persistently cancel or reschedule appointments;
Failure to adhere to practice policies and guidelines
you do not pay the Fees in accordance with the Payment Terms
you otherwise breach any obligation under the Agreement;
we consider that mutual trust or confidence no longer exists; or
we determine that we are no longer able to perform the Services for any reason.
If we terminate the Agreement in accordance with clause 8.1, we will, at our sole discretion:
complete all work for which you have paid the associated Fees; or
refund Fees paid for work not yet performed, or not able to be performed as a result of termination.
If the Agreement is terminated:
our obligation to perform the Services will cease;
you must immediately pay all Fees payable for the work completed at the date of termination;
provided you have paid all Fees due, we will provide you with all work completed up to the date of termination that comprises the Services;
any Fees paid for Services not yet performed may be refunded at our sole discretion; and
each party must return or destroy (at the other party’s request) all Confidential Information of the other party (with the exception of information required to be retained by law or for accounting purposes).
WARRANTIES AND INDEMNITIES
Warranties:
We warrant that we will provide Services in a professional and competent manner, adhering to Applicable Laws.
We strive to exercise reasonable skill and care in the delivery of our Services, taking into account the best interests of our clients and their specific needs.
However, it is important to note that outcomes can vary, and we cannot guarantee specific results or outcomes.
Nothing in the Agreement excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any law that cannot be lawfully excluded, restricted or modified.
If any warranty or condition is implied into the Agreement and cannot be excluded, our liability is limited to resupplying the Services or payment of the cost of having the Services resupplied.
Indemnities:
You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, costs, and expenses arising out of or related to your use of our services, except in cases of our proven negligence or misconduct.
This indemnity includes, but is not limited to, any claims arising from the provision of incomplete or inaccurate information, non-disclosure of relevant medical history, or failure to follow recommended treatment plans or advice.
Limitations:
Our liability for any claim, whether arising from negligence or otherwise, is limited to the extent permitted by law and will not exceed the fees paid for the specific Services in question.
We are not liable for any indirect, incidental, consequential, or special damages arising out of or in connection with our Services, including but not limited to lost profits, loss of data, or loss of opportunity.
Any express or implied warranty or condition relating to the Agreement or its subject matter that are not contained in the Agreement are excluded to the maximum extent permitted by law.
Neither party will be liable or held in breach of the Agreement for any failure to perform its obligations to the extent that said failure is caused by the other party’s noncompliance, negligence or misconduct.
We will not be liable for any loss or damage suffered by a third party in connection with the Agreement.
Each party agrees to take reasonable steps to mitigate any loss, damage or expense it may suffer or incur, arising out of anything done or not done by the other party in connection with the Agreement.
This clause 9 survives termination or expiry of this Agreement.
MISCELLANEOUS
Non-Disparagement:
Without limiting either party’s rights, each party agrees not to disparage the other or provide negative feedback in a public forum (such as social media or an online review platform) at any time during or following the Term. Where one party is dissatisfied, the issue must be dealt with in accordance with the provision of this Agreement relating to disputes.
Conflict of Interest:
Each party warrants that they are free to enter into this Agreement and that it shall not violate the terms of any other agreement between that the party and a third party.
DISPUTES
Good-Faith Resolution:
In the event of any dispute or disagreement arising out of or relating to our services or this agreement, both parties agree to make a genuine effort to resolve the matter amicably through good-faith negotiations.
Each party will provide the other party with a written notice specifying the nature of the dispute and their proposed resolution.
Mediation:
If the dispute cannot be resolved through direct negotiations within a reasonable timeframe, both parties agree to engage in mediation as the next step in the dispute resolution process.
Mediation will be conducted by a neutral third party agreed upon by both parties or appointed by a mutually agreed-upon mediation service provider.
The mediation process will be conducted in accordance with the rules and procedures of the chosen mediation service provider.
Both parties agree to actively participate in the mediation process and make reasonable efforts to reach a mutually acceptable resolution.
Legal Action:
If mediation fails to resolve the dispute, or if either party chooses not to engage in mediation, any unresolved dispute may be escalated to legal action as a last resort.
Legal action will be governed by the laws and regulations of the jurisdiction in which this Agreement is enforceable.
Both parties agree that any legal action will be brought before the appropriate courts of the jurisdiction.
Confidentiality:
All discussions, negotiations, and communications involved in the dispute resolution process, whether through direct negotiations, mediation, or legal action, will be treated as confidential by both parties and their representatives.
Any information disclosed during the dispute resolution process will be used solely for the purpose of resolving the dispute.
Notices:
Where a party gives notice, it must be done in writing to the email address specified in the Schedule, or by post to the residential or business address specified in the Schedule. For email, the notice will be considered delivered on the date it was sent, unless a delivery failure notice was received. For registered or express post, the notice will be considered delivered within 5 Business Days of being sent.
Entire Agreement:
This Agreement constitutes our entire agreement with you about the subject matter. It supersedes all previous agreements, understandings and negotiations, whether written or verbal.
Governing Law:
The formation, construction, performance and enforcement of the Terms will be in accordance with the laws in force in Australia. You and We submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
Execution and Counterparts:
The Agreement will become binding when any one or more counterparts individually or taken together, are signed by the parties. The Agreement may be executed by way of electronic signature, including by clicking “I consent” or similar. If the Agreement is executed in this way, it will be considered an original that has been properly executed.
Amendment or Variation:
Any amendment or variation to the Agreement is not effective unless agreed by you and us in writing.
Validity:
If any provision of the Agreement is held invalid or unenforceable, it will either be severed from the Agreement or replaced by a valid or enforceable provision. If applicable, any new provision will take effect immediately. All other provisions will remain in effect throughout.
Assignment:
You are not permitted to assign the Agreement or otherwise deal with any Advertising or rights under it without our prior written consent. Conversely, we may do so without your consent.
Interpretation:
All headings are for ease of reference and do not affect the interpretation of the Agreement. Words in the singular include the plural and vice versa, and references to “including” and similar words do not imply any limit.