The Savage Self-care Coach

Clinical Nutrition Consultation Services
The Savage Self-Care Coach (Abigail Burton)

This Agreement is made between:

Abigail Burton trading as The Savage Self-Care Coach, ABN 12974423108, of Victoria, Australia (the “Practitioner”);

and

The client identified in the applicable booking, intake form or invoice (the “Client”),

together the “Parties” and each a “Party”.

Background

A. The Practitioner is a qualified clinical nutritionist providing nutrition assessment, education and related consultation services.

B. The Client wishes to engage the Practitioner to provide one-to-one clinical nutrition consultation services on the terms of this Agreement.

C. This Agreement governs one-to-one consultations only. The Practitioner’s masterclasses and group educational programs are governed by separate terms and conditions, which apply in addition to this Agreement where a Client also participates in those services.

The Parties agree as follows.

1. Definitions and Interpretation

1.1 Definitions

In this Agreement, unless the context otherwise requires:

“Agreement” means this Service Agreement, including any schedules, policies or documents incorporated by reference.

“Confidential Information” means any information disclosed by one Party to the other that is designated as confidential or that a reasonable person would consider to be confidential, including the Client’s Personal Information and health information.

“Consultation” means a scheduled one-to-one session between the Practitioner and the Client for the provision of the Services.

“Fees” means the fees payable by the Client for the Services, as set out in the Practitioner’s current price list in effect at the time of booking.

“GST” means goods and services tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

“Intellectual Property” means all intellectual property rights, including copyright, in any Materials created or provided by the Practitioner.

“Materials” means any nutrition plans, worksheets, guides, workbooks, presentations, recordings, templates and other resources prepared or provided by the Practitioner in connection with the Services.

“Personal Information” has the meaning given in the Privacy Act 1988 (Cth), and includes health information as defined in that Act.

“Practitioner” means Abigail Burton trading as The Savage Self-Care Coach.

“Services” means the clinical nutrition assessment, consultation, education and related services described in clause 3, as varied from time to time by agreement between the Parties.

“Working Day” means a day that is not a Saturday, Sunday or public holiday in Victoria, Australia.

2. Term

This Agreement commences on the date the Client first books a Consultation, submits an intake form, or makes payment for the Services (whichever occurs first), and continues until terminated in accordance with clause 14.

3. The Services

3.1 Scope

Subject to this Agreement, the Practitioner will provide the Client with some or all of the following Services, as applicable to the package or Consultation booked:

• clinical nutrition assessment and health/lifestyle assessment;
• dietary analysis and personalised meal planning;
• nutrition education and lifestyle recommendations;
• behaviour change coaching connected to the Client’s nutrition goals;
• evidence-informed supplement recommendations, where clinically appropriate;
• review and follow-up consultations;
• recommending relevant pathology or functional testing, and assisting with interpretation of results within the Practitioner’s scope of practice; and
• referral to another appropriately qualified health professional, where appropriate.

3.2 Exclusions

For the avoidance of doubt, the Services do not include, and are not a substitute for, any of the following, and the Practitioner does not hold herself out as providing:

• medical diagnosis or medical treatment;
• prescription medication;
• emergency or crisis care of any kind;
• mental health treatment, psychology or counselling services;
• eating disorder treatment;
• physiotherapy or personal training services; or
• any guarantee of a particular health, weight, symptom or other outcome.

Where the Client’s needs fall outside the scope of the Services, the Practitioner will inform the Client and, where appropriate, recommend referral to a suitably qualified practitioner.

3.3 Variation by Service Type

Individual Consultations include a personalised assessment and tailored recommendations. Group programs, masterclasses and digital educational resources provide general education only and do not constitute individualised clinical care. The Services may be delivered on a 1:1 or group basis, and online, in person or in a hybrid format, as specified at the time of booking.

4. Onboarding and Intake

Prior to the first Consultation, the Client will be required to complete an intake process, which may include provision of information regarding the Client’s medical history, current medications and supplements, dietary intake, lifestyle, sleep, stress, movement, health goals and any other information reasonably required for the safe and effective provision of the Services. Group programs and educational products may not require an individual intake.

5. Client Obligations

The Client must:

• provide accurate, complete and current information relevant to the Services, including any change in circumstances that may affect the Practitioner’s recommendations;
• attend scheduled Consultations and provide notice of cancellation in accordance with clause 8;
• actively participate in the process, which may include implementing agreed recommendations, maintaining relevant records, and engaging with educational materials;
• treat the Practitioner and, in group settings, other participants, with courtesy and respect, and refrain from abusive, threatening, discriminatory or otherwise inappropriate conduct;
• respect the confidentiality of other participants in any group program; and
• communicate with the Practitioner only through the agreed channels and within reasonable professional boundaries.

The Practitioner may suspend or terminate the Services under clause 14 where the Client’s conduct compromises safety, wellbeing, or the Practitioner’s ability to properly deliver the Services.

6. Practitioner Obligations and Professional Standards

6.1 Standard of care

The Practitioner will provide the Services with reasonable care, skill and professionalism, in accordance with the professional and ethical standards of the professional association(s) of which the Practitioner is a member, and in compliance with applicable Australian laws.

6.2 Professional boundaries

The Client acknowledges and agrees that:

• the Services are not an emergency or crisis service;
• the Practitioner does not diagnose medical conditions, provide emergency care, or prescribe medication;
• the Services do not replace care provided by the Client’s medical practitioner or other qualified health professional; and
• communication outside scheduled Consultations is for reasonable administrative purposes only and must not be relied upon for urgent health concerns. Where the Client is experiencing a medical emergency or mental health crisis, the Client must contact emergency services or their treating healthcare provider immediately.

7. Fees and Payment

The Fees payable for the Services are as set out in the Practitioner’s current price list, provided to the Client prior to purchase. The price list may be updated from time to time; the Fees applicable to a booking are those confirmed to the Client at the time of booking.

Unless otherwise agreed in writing, payment is required in full prior to delivery of the relevant Service. Where a payment plan is agreed, instalments are due in accordance with the agreed schedule, and the Practitioner may suspend the Services if payment is not received when due.

The Practitioner is not currently registered for GST. Accordingly, GST does not apply to the Fees.

Payment may be made via PayPal or such other payment method as the Practitioner may make available from time to time.

8. Cancellations, Rescheduling and Non-Attendance

8.1 Individual Consultations

The Client must provide at least 48 hours’ notice to cancel or reschedule a Consultation. Where the Client provides the required notice, the Consultation may be rescheduled subject to availability. Where a Consultation is cancelled without the required notice, or the Client does not attend, the Practitioner may retain or charge the applicable Fee.

8.2 Educational programs, workshops and live events

The Client may cancel prior to the earlier of the commencement of the relevant event or the release of any associated paid materials, recordings or resources. After that time, cancellations and refunds are not available except as required under the Australian Consumer Law. Make-up sessions are not generally offered; the Practitioner may, at her discretion, provide access to a recording or alternative resource.

8.3 Digital products and on-demand content

Once access has been provided, cancellations and refunds are not available except as required under the Australian Consumer Law.

8.4 Cancellation by the Practitioner

Where the Practitioner needs to cancel or reschedule a Consultation due to illness, emergency or other circumstances beyond her reasonable control, the Practitioner will provide as much notice as reasonably practicable and offer the Client the option of rescheduling or a full refund, where rescheduling is not reasonably available.

8.5 Repeated cancellation or disengagement

Where the Client repeatedly cancels, fails to attend, or otherwise disengages from the Services in a manner that prevents proper delivery of the Services, the Practitioner may suspend or terminate the Services in accordance with clause 14. Any outstanding Fees, refunds or unused Services will be dealt with in accordance with this Agreement and the Australian Consumer Law.

9. Confidentiality and Privacy

The Practitioner may collect and hold Personal Information reasonably necessary for the provision of the Services, including contact details, health history, medical conditions, medications and supplements, allergies, dietary and lifestyle information, test results, consultation notes, appointment history and payment information.

The Practitioner will store such information using secure electronic systems, which may include cloud-based practice management software and encrypted local storage, and will handle Personal Information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth). The Practitioner will not disclose the Client’s Confidential Information to a third party without the Client’s consent, except where required by law or necessary to address a serious risk to health or safety.

The Client may request access to their health records held by the Practitioner at any time, subject to applicable law.

Where Services are provided to a person under the age of 18, the involvement and consent of a parent or legal guardian is required, including in relation to the intake process, provision of relevant health information, and decisions regarding the minor’s healthcare.

10. Intellectual Property

All Intellectual Property in the Materials remains the property of the Practitioner. The Practitioner grants the Client a non-exclusive, non-transferable licence to use the Materials for the Client’s personal use only.

The Client must not reproduce, share, copy, distribute, publish, sell, licence, teach from, or otherwise use the Materials for any commercial purpose without the Practitioner’s prior written consent.

11. Risk Disclosure and Client Acknowledgment

The Client acknowledges that:

• nutrition and lifestyle interventions may involve foreseeable risks, including temporary physical symptoms as the body adjusts, emotional discomfort, financial cost associated with implementing recommendations, and the possibility that a recommendation does not achieve the desired result;
• where testing is recommended, there may be additional costs and results may indicate a need for referral to another practitioner;
• the Practitioner’s recommendations are based on the information provided by the Client, current evidence, and the Practitioner’s professional judgment at the relevant time, and may require modification as the Client’s circumstances change; and
• the Practitioner does not guarantee any specific outcome, including weight loss, symptom resolution, particular laboratory results or behaviour change, as outcomes depend on factors outside the Practitioner’s control.

12. Circumstances for Decline, Suspension or Referral

The Practitioner may decline to provide, suspend, or discontinue the Services, or refer the Client to another appropriately qualified practitioner, where:

• the Client’s needs fall outside the Practitioner’s professional scope;
• medical assessment or treatment is required;
• assessment or test findings indicate that referral or further investigation is appropriate;
• the Client presents with symptoms requiring urgent medical attention;
• there is insufficient information available to make safe and appropriate recommendations;
• a conflict of interest or professional boundary concern arises; or
• continuing to provide the Services would not be safe, ethical or appropriate.

13. Limitation of Liability

Nothing in this Agreement excludes, restricts or modifies any right, guarantee or remedy conferred on the Client under the Australian Consumer Law or any other applicable legislation that cannot lawfully be excluded, restricted or modified.

Subject to the Client’s non-excludable rights under the Australian Consumer Law, and to the fullest extent otherwise permitted by law, the Practitioner’s total liability to the Client arising out of or in connection with this Agreement, however arising, is limited to the amount of Fees paid by the Client for the specific Service giving rise to the liability.

Subject to the Client’s non-excludable rights under the Australian Consumer Law, and to the fullest extent otherwise permitted by law, the Practitioner is not liable to the Client for any indirect, special or consequential loss, including loss of income, loss of opportunity or loss of expected results, arising out of or in connection with this Agreement.

The Client acknowledges that the Client remains solely responsible for the Client’s own healthcare decisions. The Practitioner’s role is to provide assessment, education and recommendations within the scope of the Services; decisions regarding the Client’s broader healthcare, and whether to act on any recommendation, remain the Client’s own.

14. Termination

The Client may terminate this Agreement at any time by providing notice to the Practitioner. Any refund, outstanding Fees or cancellation rights will be dealt with in accordance with clause 8 and the Australian Consumer Law.

The Practitioner may terminate or suspend this Agreement, in whole or in part, on written notice to the Client, where:

• the Client repeatedly fails to attend or engage with the Services;
• the Client breaches this Agreement or any applicable policy of the Practitioner;
• continuing to provide the Services would be unsafe, unethical, or outside the Practitioner’s professional scope;
• the Client engages in conduct that is abusive, threatening, discriminatory or otherwise inappropriate;
• the Client fails to make payment in accordance with clause 7;
• a conflict of interest arises; or
• the Practitioner reasonably considers that the Client’s needs would be better met by another appropriately qualified practitioner.

Where reasonably practicable, the Practitioner will provide reasons for termination under this clause and facilitate referral to an alternative practitioner.

15. Dispute Resolution and Governing Law

If a dispute arises under or in connection with this Agreement, the Parties will first attempt to resolve the dispute through direct, good-faith discussion.

If the dispute is not resolved within a reasonable period, either Party may give the other written notice setting out the nature of the dispute and the outcome sought.

If the dispute remains unresolved following that written notice, the Parties irrevocably agree that any dispute, claim or proceeding arising out of or in connection with this Agreement or the Services must be brought exclusively in the courts of Victoria, Australia, and each Party irrevocably submits to the exclusive jurisdiction of those courts. This clause applies regardless of the Client’s country of residence or the location from which the Client accesses the Services.

This Agreement is governed by the laws of Victoria, Australia.

16. General

16.1 Entire agreement

This Agreement, together with any policies referred to in it, constitutes the entire agreement between the Parties regarding its subject matter and supersedes all prior discussions, representations or agreements.

16.2 Variation

The Practitioner may update this Agreement or her policies from time to time, including to reflect changes in services, technology or business systems. Where a change materially affects the Client, the Practitioner will provide notice of the change.

16.3 Subcontractors and collaborators

The Practitioner may, from time to time, engage other practitioners, facilitators or contractors to assist in delivering specific programs or events. Where this occurs, the Client will be informed of the role of any such person, and additional or service-specific terms may apply.

Acceptance

By booking a Consultation, submitting an intake form, or making payment for the Services, the Client acknowledges that they have read, understood and agree to be bound by this Agreement.

Abigail Burton
The Savage Self-Care Coach