Terms and Conditions & Waiver and Liability release

Terms and Conditions

 Consent for care and Cancellation fee:

• I give consent for care at Katherine Matthews Naturopathic clinic for the purpose of advising and educating me in my health goals with respect to Naturopathic & NIS & Medical Herbalism philosophy.           

• I am aware that the treatment recommended will be based on the information I provide regarding my overall health.

• I understand and agree I am fully responsible for my wellbeing before, during and after the naturopathic session; including my choices and decisions. 

• I accept that if my naturopath suspects that I or someone I know is in a harmful situation my naturopath can contact the relevant authorities and the client confidentiality clause will be null and void. 

• I understand the services offered do not engage in rendering medical advice. Nor should the information replace the advice of your doctor or health care practitioner. Always consult your healthcare provider if suffering an illness or accident to review your treatment options.

• I understand and agree that a naturopath is not a counsellor or psychotherapist or a doctor. I also agree that any information given in a session or email is strictly for educational purposes.  It does not involve the diagnosing, treatment or prescribing of remedies for the treatment of disease. 

• I have the right to make decisions regarding my treatment that is best for me and will aim to follow treatment guidelines and recommendations the client and supervisor create following our appointment.

• I understand that the cost of herbal formulas and supplements are not included in the consult fee. 

• I will give as much notice as possible if I need to reschedule my appointment, respecting that there may be people waiting for appointments.

• A cancellation within 48 hours notice will incur a processing fee only of 50% of the appointment fee. 

• Please be aware, if you need to cancel your appointment with less than 24 hours’ notice or fail to show for a scheduled appointment, you will incur a 100% cancellation fee. 

• I will make payments at the agreed time as invoiced.

• I understand  and consent to all the conditions listed above.

Waiver and Liability Release

Katherine Matthews Naturopathic Clinic
RELEASE AND WAIVER OF LIABILITY AND INDEMNITY

This is a legally binding release, waiver of liability, and assumption of risk agreement (the “Agreement”). The undersigned (the “Client”) desires to attend and participate in the Naturopathic or NIS programmes offered by the Katherine Matthews naturopathic clinic programme(“supervisor”) Activities (defined below).

IN CONSIDERATION OF participating in a Naturopathic or NIS programme and receiving supervision from the Supervisor, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Client hereby agrees to the following terms and conditions (the “Waiver”):

1. Awareness and Assumption of Risks.
   The Client knows and understands that participation in this programme comes with risks. The Client may suffer physical injuries including but not limited to orthostatic hypotension, allergic reactions, falls, nausea, hypoglycemia, muscle strains, muscle pulls, muscle tears, heart attacks, strokes, psychological injuries, sickness or death, and/or mental harm or injury, and/or damage to or loss of property, in connection with the naturopathic programme activities, and suggestions. The Client knows and understands the scope, nature and extent of all the risks contemplated by this Agreement, and understands that, if the Client wishes insurance of any kind, the Client must furnish his or her own. The Client freely and voluntarily accepts and assumes all such risks, dangers and hazards, including the risk of serious physical injuries or death, and takes full responsibility for his or her own actions, safety and welfare, and accepts that the Supervisor does not have any responsibility for safeguarding the Client or the Client’s property from the dangers of participating in the Activities. The Supervisor has no liability in tort or contract or otherwise to the Client and/or anyone associated with the Client for any adverse consequences associated with participation in the programme, including any physical or mental harm or injury, or death, that may result from participation in the programme.
   

2. No Medical Conditions.
   The Client acknowledges that he or she does not have any medical condition(s) that would prevent the Client from participating in any Activities in the programme, including but not limited to taking herbal medicine and/or supplements, or that would result in any injury or damage to the Client, or anyone else, as a result of the Client’s participation in Activities. If the Client is aware of any such medical condition(s), it will be the sole responsibility of the Client to abstain from participating in the Activities.
   

3. Drugs and Alcohol.
   The Client undertakes that if the Client consumes alcohol and/or medication and/or drugs at any time during the course of the programme,  the Client’s will acknowledge that their ability to safely complete the individualised programme has been compromised and the Client will be responsible for withdrawing from the programme immediately. The Client realises that a combination of alcohol, medication, and drugs can cause unexpected side effects that can severely affect the Client’s health and ability to complete the programme. The Client accepts full responsibility for his/her own actions, health and welfare, and the Client acknowledges and agrees that the Supervisor will not be vigilant as to their condition. The Client accepts that the Supervisor will not have any responsibility for their welfare and will not be liable in contract or tort or otherwise to the Client and/or anyone associated with the Client for any consequences resulting from the consumption of alcohol and/or medication and/or drugs during the programme.
   

4. Release.
   THE CLIENT HEREBY REMISES, RELEASES AND FOREVER DISCHARGES THE Supervisor and all of their affiliates and associated businesses, companies and all of their current and former agents, officers, directors, shareholders, volunteers, managers, servants, successors, assigns, employees, consultants, subsidiaries and affiliates (individually and collectively the foregoing list are the “Supervisors Representatives”) from any present or future causes of action, claims or demands of any kind, including (without limitation) claims for loss, damage, injury, costs, legal fees and related disbursements (individually and collectively, the foregoing is/are the “Claim(s)”) including, but not limited to:

   • From Any Claim(s) Related to Negligence: related to the negligence of the Supervisor or Supervisors Representatives (the meaning of which includes failure to use such care as a reasonably prudent and careful person would use under similar circumstances and failure to meet any safety standards of care); and

   • From Any Claim(s) Related to Failure to Protect: related to the failure of the Supervisor or Supervisor Representatives to take reasonable steps to safeguard or protect the Client from the risks, dangers and hazards articulated in the Assumption of Risk provision (above) or otherwise, that are in any way connected with the Client’s participation in the programme Activities.

   • From Any Claim arising in contract.
     

5. Indemnification.
   The Client agrees to indemnify, defend and hold harmless the Supervisor and the Supervisor Representatives from all Claim(s) brought by any person against the Supervisor and/or Supervisor Representatives:.
   

6. Promise Not to Sue.
   The Client covenants not to initiate or assist in the prosecution of any Claim, which may have occurred by the Client’s participation in the programme and the Activities in that programme.
   

7. No Partnership.
   Both the Supervisor and the Client acknowledge and agree that no partnership relationship between the Supervisor and the Client can be construed by this Agreement or by the performance of the Activities.
   

8. Enurement.
   This Waiver will enure to the benefit of the Supervisor Representatives, and will enure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns, as the case may be, of the Client, and the Supervisor.

9. Headings, Survival and Waiver.
   Clause headings in this Waiver are included herein for convenience of reference only and shall not constitute a part of this Waiver for any other purpose. Notwithstanding the termination of this Waiver for any reason, the material provisions of this Waiver shall continue in full force and effect following such termination. Failure to exercise, or any delay in exercising, any right or remedy provided under this Waiver or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.
   

10. Governing Law.
    This Waiver will be construed in accordance with, and be governed by, the laws of New Zealand. The Client hereby abides by the exclusive jurisdiction of the courts of New Zealand with respect to any matter arising under or related to this Waiver.
    

11. Severability.
    The Supervisor and the Client acknowledge that this Waiver is reasonable, valid and enforceable. However, if any term, covenant, condition or provision of this Waiver is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be changed in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable; if not possible, the offending provision will be stricken, and the remainder of the provisions of this Waiver shall continue in full force and effect and in no way be affected, impaired or invalidated as a result.
    

12. Opportunity to Seek Independent Legal Advice.
    The Client has had sufficient time and opportunity to consult with independent legal counsel regarding this Waiver, and if the Client has opted not to obtain legal advice prior to executing this Waiver, the Client will not in any proceeding relating to the enforcement of rights or obligations under the Waiver raise his or her failure to obtain legal advice as a defense or otherwise.

• Acknowledgement that this Agreement has been read.*

  •  I confirm that I have read and fully understand the provisions of this Waiver and Liability Release.
    

• Acknowledgement of Free Will*

  •  I confirm and agree that I have executed this Waiver on my own volition and without any duress whatsoever from Katherine Matthews Naturopathic clinic or its agents or employees.
    

• IN WITNESS WHEREOF, I understand and agree that by clicking the “I have read and agreed to the terms above” button in the booking form I agree to what is stated in this waiver.