Terms and Conditions
BOOKINGS AND CANCELLATION POLICY
1. All services provided by Creating Well are by appointment or booking.
2. All bookings and appointments are confirmed by pre-payment, either by full or agreed instalment payment.
3. Payments may be by direct deposit, through a booking platform offering card payment and PayPal, or instalment payments via PayPal or agreement with Creating Well.
a. Prices for services exclude credit card and booking fees.
b. These fees are added at the checkout when paying through a booking platform, by Paypal or credit card.
c. To exclude these fees, clients may request to pay by direct deposit.
d. Administration fees may be applied for each instalment of an Instalment Payment Plan. If paying instalments by Paypal or similar automatic payment, service fees may be added to each instalment.
4. All discounts offered are on full priced services only.
5. If Creating Well cancels a service (e.g. Private Therapy session, Retreat, Course) then the client will be offered a full credit towards another similar service or full refund.
6. If the client cancels a service a refund will not be offered except in exceptional circumstances and at the discretion of Creating Well. Rescheduling a session or credit towards another service will be provided according to the terms of this Policy.
7. All cancellations or requests for rescheduling services must be in writing to Creating Well by email. Timeframes and cancellation fees may apply, as outlined in this Policy.
8. Individual Private Sessions:
a. Cancelled more than 48 hours before the appointment can be rescheduled.
b. Cancelled less than 48 hours before the appointment can be rescheduled after payment of a late cancellation fee of 30% of the price of the session.
c. If payment has not been confirmed or received 48 hours before the appointment time Creating Well may allocate the appointment time to another client. Creating Well will provide prior notice by email of the intention to reallocate the appointment time.
d. If a client does not attend an appointment and does not notify Creating Well of appointment cancellation (“no show”) a refund, credit and rescheduling are unavailable.
9. Group Sessions (e.g. Retreats) and Courses:
a. Rescheduling a full Course or receiving full credit for cancelled a Course is available if the written request to reschedule or cancel the Course is more than 7 days before the date of the first Group Session in the Course.
b. If the written request for Course rescheduling or cancellation is 7 or fewer days before the date of the first Group Session in the Course, the cancellation fee is the value of this first Group Session. The cancellation fee applies whether or not the client requests to reschedule the Course.
c. Rescheduling a single Group Session or receiving full credit for cancellation of a Group Session is available if the written request to reschedule or cancel the Group Session is more than 7 days before the date of Session.
d. If the written request for single Group Session rescheduling or cancellation occurs 7 or fewer days before the date of the original Group Session then a late cancellation fee of $35 is required to be paid to reschedule or receive credit for the cancelled Session.
e. If the written request in 9.d. occurs 24 hours or less before the date of the single Group Session then 50% of the price of the cancelled session is available as credit upon payment of a late cancellation fee of $35. If the client reschedules the booking then Creating Well will provide an invoice for the cancellation fee and the 50% balance of fee for the new Group Session.
f. Rescheduling and credit are unavailable if the client does not attend a Group Session without notifying Creating Well of cancellation in writing (email or text) - "no show".
g. If cancellation fees remain unpaid after a reasonable time then Creating Well retains payment for services and will not offer rescheduling or credit.
10. Clients may use credit for cancelled services mentioned in 9 above to reschedule the date of the Group Session or to book another service.
11. Where the cost of the rescheduled or new service is higher than the cost of the original cancelled service, the client will be invoiced for and required to pay the difference in price before the commencement of the rescheduled or new service.
12. Credit offered may have booking and credit card fees deducted from the full amount of paid for the service.
13. Creating Well will invoice the client for cancellation fees, any outstanding service fees due and confirm transfer of credit to the new service upon receipt of the cancellation fee within a reasonable time stated on the invoice.
14. A client may request in writing that any part of this Cancellation Policy be waived due to exceptional circumstances and provide reasons in writing for this request. Waiver of the terms of this Cancellation Policy is at the discretion of Creating Well. Creating Well will provide a response to a request for waiver within 7 days of receiving the request.
15. A client may request in writing that a full or partial credit be transferred to another person they nominate to attend a Group Session or Course in their place.
INSTALMENT PAYMENTS POLICY
Some Creating Well services may be paid via instalments.
Instalment payments are offered either:
a. Through Paypal via the Trybooking portal
b. By direct deposit via an approved Instalment Payment Plan.
Clients may request in writing to enter an Instalment Payment Plan to pay for Courses.
Creating Well will provide the terms of the Instalment Payment Plan in writing (including the amount of each instalment and the dates instalments are due).
An administration fee may be charged for each instalment paid and may be based on the manner of collection of payment (e.g. direct deposit).
a. Clients will be notified in writing of this fee.
b. Creating Well may change the administration fee at its discretion and will notify clients of this change in writing.
c. Creating Well may waive instalment administration fees at its discretion in particular circumstances.
Instalment payments under an Instalment Payment Plan will be invoiced to clients and paid by direct debit. The client will receive an invoice for the first instalment by email upon booking. It is due to be paid before the service is provided or the due date on the invoice, whichever is earlier.
Instalment payments may be directly deducted from the client’s credit or debit card using PayPal’s Pay-in-4 facility. Credit card and booking fees will be added to the amount of the instalment.
If any instalment payment is overdue:
a. The client will be notified by email of the overdue instalment with a request for immediate payment of the instalment amount owing. The client will need to pay the overdue instalment immediately to receive services covered by the instalment and provide proof of payment via bank receipt.
b. Creating Well may cancel the service, fully or partially, if the instalment payment remains overdue. Creating Well will notify the client by email of the
c. If a service has been cancelled due to outstanding instalment/s and the client wants to book another service Creating Well may not to offer the client instalment payments.
CONSENT POLICY
1. Your choice and consent
Lifestyle Medicine services, including yoga therapy, counselling and psychotherapy, are voluntary services. Before delivering our services to you we will explain the nature and purpose of the service and give you an opportunity to ask questions.
You have the right to make informed decisions about your Lifestyle Medicine services and to withdraw your consent at any time.
You may also ask to pause, change or end services we provide to you at any time.
2. What Lifestyle Medicine involves
a. Lifestyle Medicine services we provide may involve yoga, yoga therapy, counselling and psychotherapy.
b. Yoga and yoga therapy may involve movement, yoga postures, meditation, sound healing with or without using instruments, chanting, relaxation, breathing practices, reflecting on your experiences, discussing your experiences and other matters relevant to your wellbeing.
c. Counselling and psychotherapy may involve discussing personal experiences, relationships, emotions, thoughts, behaviours and other matters relevant to your wellbeing.
d. Lifestyle Medicine services, including yoga therapy, counselling and psychotherapy, can sometimes involve dealing with or discussing difficult or distressing experiences. You are encouraged to tell your therapist if you feel uncomfortable, wish to change the direction or pace of a session, opt out of a group activity, modify your engagement with group activities.
e. Your therapist will work collaboratively with you and will respect your individual values, preferences, goals and boundaries.
3. Consent to treatment
By commencing Lifestyle Medicine services, whether individually or in a group, you consent to receiving Lifestyle Medicine services from Creating Well.
Your therapist will discuss the proposed approach with you and, where appropriate, explain alternatives, potential benefits and possible limitations.
Consent is an ongoing process rather than a one-time event. Your therapist will check in with you when there are significant changes to the approach or circumstances of Lifestyle Medicine services provided to you.
4. Confidentiality
Information discussed during provision of Lifestyle Medicine services will generally be kept confidential.
There are circumstances where confidentiality may be limited, including where disclosure is required or authorised by law, where there is a serious and imminent safety concern, or where applicable child-protection or other mandatory-reporting obligations apply.
Please refer to our Privacy & Confidentiality Policy for further information.
5. Communication and contact
We may communicate with you by telephone, email, text message or other agreed methods for purposes such as appointments and administrative matters.
Please be aware that electronic communication cannot be guaranteed to be completely secure.
Lifestyle Medicine services outside scheduled appointments or bookings are generally limited to appointment-related or administrative communication unless another arrangement has been agreed.
The Lifestyle Medicine services we provide are not an emergency or crisis response service. If you are in immediate danger or require urgent assistance, contact 000 or an appropriate crisis service, such as Lifeline 13 11 14 or 1800RESPECT.
6. Telehealth
Where our services are provided by telephone or video, you consent to receiving the service through the agreed telehealth platform.
Reasonable steps will be taken to protect your privacy. You are encouraged to participate from a private location and to use a secure device and internet connection.
Sessions will not be recorded unless this has been specifically discussed with you and you have provided appropriate consent.
7. AI, recording and transcription
We will not use AI tools, automated transcription, recording or similar technology to process identifiable session content without your informed consent.
If such technology is proposed, your therapist will explain what it is used for and how your information will be handled.
You may decline the use of these technologies without affecting your access to our Lifestyle Medicine services.
8. Supervision and consultation
Your therapist may discuss aspects of their professional work with a supervisor or appropriately qualified professional for the purpose of maintaining safe and effective practice and meet their professional ethical obligations.
Where possible, information will be de-identified and limited to what is reasonably necessary.
9. Working with children and young people
Where Lifestyle Medicine services are provided to a child or young person aged under 18 years, consent will be obtained from the appropriate parent, guardian or other person with lawful authority where required.
The young person's views, privacy and developing capacity will be respected.
The limits of confidentiality will be explained to the young person in an age-appropriate manner.
10. Your right to ask questions
You are encouraged to ask questions about:
the Lifestyle Medicine process, including yoga therapy, counselling and psychotherapy processes;
your treatment and goals;
confidentiality and privacy;
fees and cancellation arrangements;
record keeping;
telehealth or electronic communication;
the use of AI or other technology; or
any other aspect of the service.
You may request further information at any time.
PRIVACY AND CONFIDENTIALITY POLICY
1. Our commitment to privacy and confidentiality
Creating Well is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
Your privacy and confidentiality are important to us. Information you share during Individual Private Sessions and Group Sessions (including Courses) will be treated with respect and be kept confidential, as far as practicable.
Confidentiality helps create a safe environment where you can speak openly about your thoughts, feelings, experiences and circumstances.
We will only collect information that is reasonably necessary to provide you with our services and take reasonable steps to keep your personal and health information secure.
2. Information we collect
Depending on your circumstances, we may collect information such as:
your name and contact details;
relevant personal, social and family information;
information about your mental and emotional wellbeing;
information discussed during Individual Private Sessions and Group Sessions (including Courses)
relevant information provided by other health professionals, with your consent where required;
appointment and billing information; and
therapy notes and other records relating to your care.
We will generally collect information directly from you unless there is a lawful reason to obtain it from another source.
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties, such as booking platforms (www.trybooking.com). In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Some of the information we collect is Personal Information, such as your name, address, email and phone number, and some is Sensitive information is defined in the Privacy Act 2000, such as information or opinion about such things as an individual's racial or ethnic origin, political, religious or philosophical beliefs, criminal record or health information.
3. How your information is used
Your information will generally be used to:
provide and manage individual-focused Lifestyle Medicine services, including yoga therapy, counselling and psychotherapy, in Individual Private Sessions;
provide and manage your Lifestyle Medicine services provided in Groups Sessions and Courses;
maintain appropriate professional records;
communicate with you about appointments, bookings and your care;
coordinate care with other professionals where you have provided appropriate consent; and
meet our legal, ethical and professional obligations.
We will not use or disclose your personal information for unrelated purposes without your consent unless permitted or required by law.
We may use some of your personal information for marketing purposes, such as our mailing list, with your consent. You can opt into receiving marketing material and can opt out at any time by request in writing.
Your Personal Information may be disclosed in some circumstances, including the following:
• Third parties where you consent to the use or disclosure; and
• Where required or authorised by law.
4. When confidentiality may be limited
Confidentiality is a limited right.
a. Group Sessions (including Courses), by their nature, have limited confidentiality.
i. Information shared by each individual client for the purpose of participating in the Group Session is unable to be confidential within the group.
ii. We invite clients to share information that they are comfortable sharing in Group Sessions. Clients can refrain from sharing information and their right to withhold information in Group Sessions will be respected.
iii. We request that group members respect each other’s’ right to confidentiality and not share other clients’ information with non-group members without seeking prior express consent.
b. Generally, when providing Lifestyle Medicine services, including yoga therapy, counselling and psychotherapy, there are circumstances where information may need to be disclosed without your consent.
These may include situations where:
· disclosure is required or authorised by law;
· a court or tribunal requires the release of information;
· there is a serious and imminent risk to your life, health or safety, or the life, health or safety of another person;
· disclosure is required under applicable child protection or other mandatory-reporting laws; or
· disclosure is otherwise permitted under applicable Australian privacy law.
c. Where disclosure is necessary, we aim to disclose only the information that is reasonably necessary for the particular purpose.
d. Where it is lawful and appropriate to do so, we will discuss the proposed disclosure with you beforehand.
5. Supervision and professional consultation
As part of maintaining safe and ethical professional practice, your therapist may participate in professional supervision or consultation.
Where client information is discussed for supervision or professional consultation, reasonable steps will be taken to protect your identity and confidentiality. Information will be limited to what is necessary for the purpose of supervision or consultation.
6. Records and information security
a. We keep appropriate records of Lifestyle Medicine services provided, including yoga therapy, counselling and psychotherapy. These records may include intake information, consent forms, session notes, correspondence, referrals and risk-management information.
b. Records are stored securely and access is restricted to authorised persons. We take reasonable steps to protect personal information from misuse, loss and unauthorised access or disclosure.
c. As a general practice, client records are retained for at least seven years from the last contact for adults, and until the client turns 25 for clients under 18, subject to any longer period required by law or reasonably necessary because of legal proceedings, a claim or other circumstances. Records are securely destroyed when they are no longer required.
d. Electronic information will be stored using appropriate security measures, and access to your information will be limited to people who are authorised to access it.
e. Client records, including those for yoga therapy, counselling and psychotherapy, are confidential, but confidentiality does not necessarily prevent records from being obtained through legal processes. If we receive a valid subpoena, court order, warrant or other lawful requirement to provide information, we may be legally required to comply. We may seek appropriate legal advice and, where permitted, take reasonable steps to protect the confidentiality of information that is not required to be disclosed.
7. Communication and electronic services
a. If we communicate with you by email, text message, telephone, telehealth platform or other electronic means, there are some risks to privacy and security that cannot be eliminated.
b. We will take reasonable steps to protect your information when using electronic communication and will discuss alternative communication methods with you where appropriate.
c. If telehealth or online services are used, information may be processed or stored by third-party technology providers. We will take reasonable steps to use reputable services and protect your information. You are encouraged to participate in telehealth sessions from a private location and to use a secure device and internet connection.
d. We will not use artificial intelligence (AI), automated transcription, recording or similar tools to process identifiable Individual Private Session or Group Session content without your informed consent.
e. If an AI or transcription tool is proposed, you will be told what the tool does, why it is being used, what information it processes, and how information may be stored or used by the provider. You may decline its use without affecting your access to counselling. Any AI-assisted notes or summaries will be reviewed by the therapist, who remains responsible for the accuracy, confidentiality and appropriate management of your records.
8. Access to your information
You may request access to personal information we hold about you and ask for inaccurate information to be corrected. Some lawful exceptions may apply.
To protect your Personal Information we may require identification from you before releasing the requested information.
Creating Well will not charge any fee for your access request but may charge an administrative fee for providing a copy of your personal information.
We handle information in accordance with the Privacy Act 1988 (Cth), Privacy Act 2000 (Cth) and the Australian Privacy Principles. Private-sector health service providers are covered by the Privacy Act, including allied health professionals and online counselling services.
If you would like to access your records, please make your written request to:
Marina James
Email: wearecreatingwell@gmail.com
Phone: 0428294979
9. Privacy concerns or complaints
If you have a concern about how your personal information has been collected, used, stored or disclosed, please contact us so that we can discuss the matter and attempt to resolve it.
Marina James, Yoga Therapist and Counsellor, trading as Creating Well
Email: wearecreatingwell@gmail.com
Phone: 0428294979
If you are not satisfied with our response, you may be able to make a complaint to the Office of the Australian Information Commissioner (OAIC), depending on the circumstances and whether the Privacy Act applies to the practice.
10. Changes to this policy
This policy may be updated from time to time to reflect changes in our practice or applicable legal and professional requirements.
The current version will be made available to clients on request and/or through our website.