MENTORING TERMS AND CONDITIONS

 

We're Passion Occupational Therapy, and we're excited to provide you with Mentoring services. These terms and conditions outline our agreement for the Mentoring services (“Mentoring Services”/"Services") that Parish Rawlins t/as Passion Occupational Therapy [ ABN 72604082558] ("Passion Occupational Therapy” “we”/ “us”) will be providing. The Mentoring Services will be performed personally by Parish Rawlins.

1.  Scope of Work
   •  At Passion Occupational Therapy, we are committed to providing Mentoring services to support you in various aspects of your professional and personal development. Our Mentoring covers areas such as business, career growth, health, life balance, personal environment, relationships, and spirituality.
   •  A key focus of our work is Clinical Supervision, which includes:
     •  Analysing and discussing clinical cases
     •  Offering professional advice and guidance
     •  Providing access to relevant resources, including our own materials
     •  In addition, our Mentoring extends to:
     •  Mindset development and values alignment
     •  Time management and goal setting
     •  Career guidance and professional empowerment
     •  Effective communication and navigating difficult conversations
     •  Prioritizing self-care in client-centred work
     •  Workplace procedures and management strategies
     •  Supervision advice and staff wellness evaluation
     •  Reviewing and providing feedback on written communications, including emails and reports
   • Our approach is designed to empower and equip you with the skills, strategies, and confidence to thrive in your professional and personal endeavours.

 

2.  Fees
   • You agree to pay the Mentoring Fees for the Mentoring Services. If any payments are made late, interest will accrue on the late invoice at the rate of 7% per annum calculated monthly. Any debt recovery fees will be billed to you. You also agree to pay any applicable currency conversion fees, or financial service provider fees where relevant.

 

3.  Warranties you make for us
   •  It's important that you provide us with all Information we need so that we can perform the Mentoring Services. You promise that:
     •  all information you provide is true, correct, current, and to the best of your knowledge;
     •  you have adequate technology set up including internet access to enable us to conduct any conferences online;
     •  you will not divulge any Confidential Information you come across during the Services to any third party (this includes the Materials); and
     •  you are committed to working on yourself, and you want change in your life. 

 

4.  Acknowledgements and agreements you make
   • It's also important to meet or call at the scheduled time, and participate fully during each Mentoring session with accountability, honesty, integrity, and respect for the process. You are expected to: 
     • provide transparent and accurate information during each Mentoring session;
     • come prepared with the agenda of what you want to achieve out of the Mentoring session;
     • commit to doing any actions that are determined in the Mentoring sessions with us; 
     • not cross any professional boundaries while engaging with us;
     • be on time to all Mentoring sessions; any late attendance will not entitle you to an extended session, and we may cut short the session time. 
   • You also acknowledge and agree that:
     • you are solely responsible for your own physical, mental and emotional wellbeing, and any decisions and actions you make during the Mentoring Services or relying on the Mentoring Services;
     • since Mentoring is so dependent on your actions and implementation, we cannot guarantee any results; and
     • you will seek our consent before publishing any information about us on socials or otherwise.

 

5.  What we agree to do
   • We agree to:
     • provide the Mentoring Services in accordance with the Mentoring Package during the Mentoring Period from the Commencement Date; 
     • keep you informed of your progress;
     • keep all the documents you provide secure and return all documents at the termination of this Agreement;
     • at all times keep your Confidential Information confidential, and will also not divulge the fact that we are in a Mentoring relationship unless you do; in which case we will confirm as such; and
     • at all times comply with our Privacy Policy, details of which you can find on our website.

 

6.  Please share the word
   •  We'd be thrilled if you gave us photos, videos and testimonials about your experience. We may even use them for marketing and information purposes, or publications, exhibitions and professional awards.

 

7.  Where you wish to reschedule
   •  Please notify us if you wish to re-schedule a Mentoring session. Where we have at least 48 hours prior notice, we may be able to re-schedule. If cancelling is done with less than 48 hours prior notice, then you forfeit the session. Only one re-scheduling is permitted per month to a mutually convenient time. We cannot guarantee that if you miss a Mentoring session, we will be able to re-schedule. If you do not come for your re-scheduled session, it will be forfeited.

 

8.  Where you wish to cancel or seek a refund
   •  Any refunds for cancelled Mentoring sessions are made at our sole discretion and will only be made for up to 3 months. To the extent permitted by law, any refunds for any cancellations of the Mentoring Package are at our absolute discretion. We do not provide refunds for your change of mind, where you fail to provide us with adequate information or clearly explain your needs, or where you fail to act on our advice.  

 

9.  Your rights under the Australian Consumer Law
   • Our services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with a service, you are entitled to:
     • cancel your service contract with us and to a refund of any unused portion, or
     • to compensation for its reduced value.
   • You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time, and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

 

10.  Reliance on Mentoring
    • We are not financial advisors or lawyers. We strongly recommend that you obtain independent professional financial or legal advice before you make decisions or take steps that rely on any money related, financial, or legal information we may provide. For example, do not use any financial information to make an investment.
    • We are not medical doctors, psychiatrists, psychologists, or other health professionals. We strongly recommend that you obtain independent professional health or medical advice before you make decisions or take steps that rely on any health or medical information we may provide. For example, do not use any information to make a diagnosis or for treatment. Mentoring is not therapy and is not a substitute for therapy.

 

11.  Intellectual Property
    • We own or have a license to use all Intellectual Property Rights in any Materials we may provide you throughout the performance of the Mentoring Services. You must not use any Materials for any purpose other than your sole personal use, business, or career development. Any Materials we provide you must not be reproduced or resold without our prior written permission which will be given at our absolute discretion and will be the subject of license fees.

 

12.  Limited liability
    • You acknowledge and agree that we are not liable for any Loss or Damage which may result from the Mentoring Services. 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.
    • In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent invoice we have sent you that has been paid.
    • You acknowledge and agree 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 and any third-party claims.

 

13.  Where we wish to cancel
    • We may either suspend the Mentoring Services, or terminate the Mentoring Package where:
      • we are unable to agree on required actions during the Mentoring session; or
      • there is a conflict of interest.
    • Where we determine, at our sole discretion, that you need more qualified assistance, we may immediately terminate this agreement. We may also, at my option and without prejudice to any of our rights, immediately terminate this Agreement where you default on any invoices, breach this Agreement, or commit an act of bankruptcy. Upon termination, you must pay all accrued Mentoring Fees owing up to the date of termination.  

 

14.  If there is a dispute
    • If at any time any aspect of the Mentoring Services is not reasonably acceptable to you or we disagree on the quality or substance of the Mentoring Services you will immediately notify us of any such reason, the specifics and will give me a reasonable opportunity to respond and address any concerns.
    • If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative, or otherwise damaging and will be the subject of compensation in any mediation or litigation claim. In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

 

15.  THE GOVERNING LAW AND OTHER MATTERS
    • 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.
    • 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 is governed by the laws from time to time in force in the state of NSW Australia.  Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the courts of NSW for determining any dispute concerning this Agreement.

 

DEFINITIONS:

“Agreement” means these terms and conditions, and the Proposal.

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

"Claim" means any claim under statute, tort, contract or negligence, any demand, awards, or costs.

“Confidential Information” means any sensitive personal information and/ or any of your confidential information, including but not limited to personal information as defined under the Privacy Act 1988, but does not include any information required to be disclosed by law, or already in the public domain.

“Information” means any information you provide to us during the Mentoring Services.

“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” mean any direct, indirect, consequential, or incidental loss or damage. This includes, but is not limited to any loss, personal injury, death, negligence, loss of profits, revenue, salary, property damage, loss of enjoyment, virus or damage to your systems, or reliance on our Mentoring Services.

“Materials” means any PDFs, videos, worksheets, diagrams, spreadsheets, books and manuals documents, information, and includes any Mentoring program documents or concepts.

All other capitalised terms are defined in the Proposal.

 

Signed By 

Parish Rawlins

Occupational Therapist and Owner of Passion Occupational Therapy