Client Services Agreement

Introduction

Congratulations on taking this important step to support your health! I am thrilled to be your nutrition services provider as you work towards your wellness goals. Your commitment and consistency throughout this journey will prove an invaluable investment in your long-term wellbeing.

The Client Services Agreement (‘the Agreement’) sets out the terms and conditions that govern the relationship between Intrinsic Nutrition (‘Intrinsic Nutrition’, ‘the practitioner’, ‘us’, ‘we’, ‘our’) to carry out the services of the business and you (‘the client’, ‘you’, ‘your’). The adherence of both parties to the terms set out in the Agreement will allow us to work together in a way that enables the most successful consultation outcomes possible.

Intrinsic Nutrition provides holistic nutrition consulting services to clients. Depending on your individual circumstances and needs, these services may include diet and lifestyle modification advice; nutritional recommendations and coaching; provision of holistic nutritional treatment plans; prescription of nutritional supplements; and access to digital resources (‘the Services’).

By engaging the Services of Intrinsic Nutrition, you are accepting the terms of this Agreement as set out below from your first appointment. This Agreement will continue for the duration of provision of the Services and should be read in conjunction with our privacy policy and terms and conditions, available on www.intrinsicnutrition.com.au. By accepting these collective terms, you are engaging Intrinsic Nutrition to perform the Services as described in this Agreement.

When you engage with the Services, you agree that you are over the age of 18 and willing to be bound by the terms of the Agreement. If you do not accept the terms of the Agreement, you should notify me immediately so that we can discuss your concerns, prior to the commencement of your first appointment.

Fees, Payments & Refunds

You are responsible for paying for all Services rendered, including Products supplied, in full at the conclusion of each appointment and/or immediately upon provision of Products. You will be made aware of the fee associated with the service booked at the time of booking, and the cost of recommended Products before you purchase them. Our fees are listed in Australian Dollars (AUD) and are exclusive of GST unless otherwise advised. Secure payment options include cash, payment link, manual bank card entry and QR code. Bank cards that are accepted for payment are Visa and Mastercard. You acknowledge and agree that Intrinsic Nutrition is not responsible for any third-party processing fees, bank fees, transaction fees or any fees/costs to you as a result of currency conversion.

Failure to provide payment in accordance with the Agreement may result in our refusal to continue the provision of the Services to you and a late payment fee of 10% per annum may be charged for any outstanding amounts, accruing daily.

At our discretion, we may request that you provide your bank card details and/or a deposit payment at the time of appointment booking. By providing your bank card details you are agreeing to the withdrawal of funds equal to the full amount due at the conclusion of your appointment and/or provision of Products.

To access concession rates, you must present a valid, government-issued concession card at the time of payment. If you fail to do so, you may be charged the full fee price for the appointment. Intrinsic Nutrition does not record or hold details of concession cards so you may be required to present your card at each applicable appointment.

We have a no-refunds policy for change of mind after a consultation. In cases of upfront payments, we may provide a refund in accordance with our cancellation terms minus any incurred fees or charges including but not limited to bank transaction charges.

Service fees and Product prices are subject to change without notice.

Bookings & Delivery of Services

Bookings are made via Intrinsic Nutrition’s online booking system or, where required, via email or phone call. Services are available by appointment only. We request that you arrive a few minutes early to your appointment to ensure we can utilise the full appointment time and so that other clients are not impacted by late commencements. All appointments will end at the designated end time, and we do not refund pro-rated fees for shortened consultations that are a result of client lateness.

Prior to attending any initial appointment, you will be required to complete an online Pre-Appointment Form in order for us to collect essential information to create your client account ahead of time and prepare for your appointment. This information includes basic personal data such as name and contact details, the reason for your visit and your health goals and expectations. If you are unable to complete this form online prior to your initial appointment, we ask that you notify us as soon as practicable so that we can make other arrangements to collect your details.

Cancellations, rescheduling and no-shows

We provide reminders of upcoming appointments via email and SMS. If you need to cancel or reschedule your appointment, you must notify us of this at least 24 hours prior to your appointment time via the online booking system, email (book@intrinsicnutrition.com.au) or phone.

A cancellation policy applies to cancellations made with less than 24 hours’ notice (‘late cancellations’) and missed appointments (‘no-shows’). No-shows are charged at 50% of the total booked service fee and late cancellations are charged at 25% of the total booked service fee. Clients who repeatedly cancel appointments late or miss appointments with no notice may be required to pay for appointments upfront for future bookings. The application of this policy is subject to our discretion. Where late cancellation or no-show fees apply, clients will be invoiced with the amount due and applicable payment terms. We may charge interest on late payments at the rate of 10% per annum calculated monthly.

Should Intrinsic Nutrition need to reschedule your appointment, we will endeavour to advise you at least 48 hours prior to your appointment.

Online appointments

For duty of care and ethical purposes, some of our consultations are only available in-person. This allows us to ensure a thorough assessment and due diligence when addressing specific health challenges.

For online appointments, it is important that clients have a private, quiet space that is free from interruptions to ensure a comprehensive and effective consultation. It is also important to have the proper technology and software installed and ready. We use Zoom.

Outcomes & Guarantees

Holistic nutrition is a form of complementary health services and is not intended as a substitute for medical attention, examination, diagnosis or treatment, or any other health care service outside the practitioner’s scope of practice.

We will, in good faith, provide the Services and any Products to you diligently and professionally, in accordance with the practitioner's training, experience and skills, for the fees set out on our website and online booking form. However, all individuals are unique and will respond entirely differently to health interventions; therefore, we offer no guarantee or warranty of specific health results or outcomes as a result of these services beyond those afforded to you by Australian Consumer Law. Where a situation or outcome falls under the provisions of Australian Consumer Law, you may be entitled to a refund or compensation in accordance with the relevant provisions.

You agree that you are solely responsible for agreeing to, and implementing, your own health-related actions and decisions associated with our provision of services. We are not responsible or liable for any actions or inactions you take as a direct or indirect result of our Services.

We reserve the right to discontinue Services at any time without notice.

Referrals

Intrinsic Nutrition is committed to a collaborative and integrated approach to supporting your health and wellbeing. There may be instances in which the Services you need fall outside our scope of practice and we will refer you to a suitable practitioner. In these instances, we will discuss this recommendation with you, and the choice to utilise this referral will ultimately and exclusively be yours. These circumstances may, in some cases, arise as a result of certain high-risk diagnoses or medical needs of the client.

Client Responsibilities

Intrinsic Nutrition is committed to providing the best possible nutrition Services to you. You are responsible for meeting the following expectations to enable us to deliver these Services effectively, responsibly, safely and appropriately:

• providing payment in accordance with the fees and payment terms set out in the Agreement;

• adhering to the booking and attendance requirements outlined in the Agreement;

• providing us with accurate, current, comprehensive and truthful information relevant to our consultation and the provision of health-related nutrition services, including but not limited to: medications/supplements, diagnosed medical conditions, allergies, intolerances, substance use, symptoms and pregnancy-related information;

• notifying us as soon as practicable if any of your relevant personal or contact details change;

• engaging with us in a respectful and legal manner during all interactions;

• ensuring you are aware of, and understand, all terms of service, including those set out in the Agreement and Intrinsic Nutrition’s other policies and terms as available on our website;

• engaging openly and honestly in practitioner-client interactions, including requesting additional information or explanation where it is needed for you to fully understand the content of our discussions and clearly expressing any discomfort or hesitation you have with any recommended actions; and

• acknowledging and understanding that natural therapies and complementary health approaches, of which holistic nutrition is one, take time and consistent client commitment to realise improvements in wellbeing and, thus, holding no expectations of immediate results.

Privacy & Confidentiality

Intrinsic Nutrition will comply with all professional ethical requirements related to data privacy and confidentiality, as well as relevant legislation. These obligations relate to data collection, storage and disclosure of client information. Full details relating to our privacy and confidentiality practices are contained in our privacy policy on www.intrinsicnutrition.com.au.

Intrinsic Nutrition manages its appointments and online payments through ‘Fresha’. For more information about how Fresha handles your information, please see Fresha’s privacy and data protection policies.

Intellectual Property

Intrinsic Nutrition retains all Intellectual Property Rights in all client handouts, session companion documents, treatment plans and website content (’Materials’). You are granted a limited, non-exclusive, revocable licence to use those Materials for your personal use during the term of this Agreement only. Where you are provided access to Materials - digital or otherwise - they should not be shared with others. For more information pertaining to ownership of our website content, please refer to our Terms and Conditions on www.intrinsicnutrition.com.au.

Australian Consumer Law

Our Products and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to:

• Cancel this agreement with us; and

• A refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with Products. If a failure with the Products or Services does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the Products and to cancel this agreement for the Services and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Products or Services.

Limitation of Liability

To the extent permitted by law, our liability is limited, at our option to:

• the replacement of the services or the supply of equivalent services; or

• the payment of the cost of replacing the services or of acquiring equivalent services.

You agree and acknowledge that we are not liable for any Loss or damage which may result from our Services.

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent invoice that has been paid.

You acknowledge, agree and undertake to indemnify us and keep us at all times fully indemnified from and against any Claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement, any conduct by you in using our Services, and any third party claims, including any claims of a third party relying on Materials you have provided to them.

Dispute Resolution

If a dispute arises between the parties of the Agreement, the party raising the dispute must not commence any legal action in relation to the dispute, except where interlocutory relief is sought, without first complying with the steps outlined in this clause. The party raising the dispute must first provide written notification to the other party, including:

• the nature and details of the dispute;

• any damages claimed; and

• the requested remedy to resolve the complaint.

Upon receipt of the above notification, both parties will make every effort to resolve the dispute to a mutually agreeable outcome within 20 business days. Where a resolution cannot be agreed upon, a third party mediator may be engaged and both parties will be equally liable for any resulting fees and expenses. In the event that the dispute is not resolved through third party mediation, either party may proceed with corresponding legal action. This clause survives the life of this Agreement.

Termination

We may either suspend the Services or terminate this Agreement where we become aware that there is or may be a conflict of interest. We may also, at our option and without prejudice to any of our rights, immediately terminate this Agreement where you default on any of our invoices, breach this Agreement, or commit an act of bankruptcy. Upon termination, you must pay to us all accrued Fees and Additional Fees owing up to the date of termination.

Force Majeure

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.

Jurisdiction & Governing Law and Other matters

This Agreement is governed by the laws of Victoria, Australia. This Agreement completely states the agreement of the parties as to its subject matter. It supersedes, and its terms govern all previous communications, representations, inducements, undertakings, agreements and arrangements between the parties in respect of its subject matter. This Agreement may not be modified or amended except in writing signed by both parties. If any Services have been provided by us before the date of signing of this Agreement, the parties agree that this Agreement applies retrospectively. The failure by us to exercise any right or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. This Agreement must not be transferred or assigned without the prior written consent of the other party. This Agreement may be signed electronically in counterparts.

Definitions

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.

Claims means any claim, under statute, tort, contract or negligence, any demand, award or costs.

Force Majeure Event” means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods; war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failure, changes to regulations, weather events, travel limitations, venue closures.

Intellectual Property Rights means all trademark, copyright, design rights, patents, trade secrets, confidential information and all other intellectual property rights whether registered or unregistered.

Loss and/or Damage means any loss or damage including, but not limited to, any loss of salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs.