Terms of Service + Privacy Policy
1. IntroductionHello! My name is Chris Armstrong, I am an Occupational Therapist based in Perth, Western Australia.Flare Therapy acknowledges the Traditional Owners of the land and seas that we live upon, the Whadjuk Noongar People, and pay respect to Elders past and present.Thank you for choosing Flare Therapy as your service provider; I look forward to working with you.Please see below information on how Flare Therapy works to make sure we start on the same page. Although this document contains legal language, we've summarised the key points for your convenience.
2. Summary of terms of service- Book -· Refer online and the therapist will get in touch to identify an appropriate day/time: https://flaretherapy.forms.pracsuite.com/t/lzn0Amgf0c9Pzc4WVrxdbMFW- Cancel -· Text: 0483 931 230..· Provide more than two clear business days’ notice or the fees associated with that appointment may be billed for.- Reschedule -· Cancel original appointment as above. Then book new appointment by texting with number above.
Fees· $193.99/ hour for all therapy services provided.· *Up to 30 minutes travel to, and up to 30 minutes travel from the appointment location at$97/ hour. In Modified Monash Model level 1 (metropolitan areas).· Up to 99c per KM travel to and from your location.· Travel time and KM will be divided between the number of clients seen on the same out- and-return trip.*Travel charges change depending on where the individual lives based on the Modified Monash Model. Flare Therapy will discuss with you what this is if you live outside of the Perth metropolitan area.
Occupational Therapy Services AgreementThis Occupational Therapy (OT) Services Agreement (the "Agreement") is between Flare Therapy ABN 11741313662 ("We", "Flare Therapy" and "the Therapist") and you (the "Client") and is legally binding.In this Agreement, the "Client" may be the National Disability Insurance Scheme Participant, the Client seen under Medicare, Private Paying, or the Legal Guardian of the Client.
BackgroundFlare Therapy is a mobile service that provides therapy to people in the community.The Agreement outlines the roles, obligations, and expectations of working together. It represents the entire agreement between Flare Therapy and You and is legally binding on both parties.To request amendments to, or to gain clarification about, this Agreement, please email Chris@Flaretherapy.com Terms and Conditions
1. Acceptance and term1.1. This Agreement is expected to be signed by You and returned to Flare Therapy.1.2. You are deemed to have accepted this Agreement upon receipt via email and continuing to receive and engage Flare Therapy.- Term -1.3. The term of this Agreement starts upon Your acceptance. It will end when therapy services are completed, final assessments or reports are released, and full payment of all fees subject to earlier termination as provided in this Agreement.- Clients under 18 -1.4. For clients under 18, a caregiver aged 18+ must be present and participate when therapy is completed in the home.1.5. A caregiver (e.g., support worker, childcare educator, education assistant) is encouraged to attend therapy sessions with the Client when at school or childcare for capacity-building.
2. Services2.1 Flare Therapy offers a range of services described below as a guideline.2.1.1 Therapy - $193.99 per hour (frequency of appointments determined on a case-by-case basis)Inclusions:- Phone calls, text messages, emails- Making resources for the Client- Liaison with relevant stakeholders such as schools and other therapy providers - Therapy session preparation- Writing goals, case notes and research linked explicitly to the needs of the Client and to the achievement of the Client's goals- Report writing- Therapy program design 3. Booking Process3.1 To book a therapy session with the Therapist, please refer online with the therapist to liaise with you to identify an appropriate day and time: https://flaretherapy.forms.pracsuite.com/t/lzn0Amgf0c9Pzc4WVrxdbMFW3.2 This Agreement will be sent to the Client via PracSuite to sign and return.
4. Fees and Payment- Fees -4.1 All fees are consistent with the National Disability Insurance Scheme (NDIS) Pricing Arrangements and Price Limits, available here: https://www.ndis.gov.au/providers/pricing- arrangements- Travel Expenses -4.2 In metro areas, travel time will be billed at the hourly rate of $97 for a maximum of 30 minutes each way and up to 99 cents per kilometre4.3 Travel time and KMs will be divided evenly between the number of clients seen in the same out-and-return trip.4.4 Flare Therapy may charge for other transport or associated costs, such as road tolls, parking, and public transport fares, up to the total amount.4.5 Different travel expenses apply to rural and remote clients, per the NDIS Pricing Arrangements and Price Limits. Please contact us to discuss if this applies to you.- Payment of Invoices -4.6 Invoices submitted to the Client are due immediately upon receipt or as agreed with the Therapist.4.7 Payment is required via Bank Transfer or online payment to the bank account details provided in the invoice.4.8 The Client shall be required to pay any legal or other costs incurred by the Therapist associated with recovering overdue accounts.- Validity -4.9 The fees quoted are valid until the next version of the NDIS Pricing Arrangements and Price Limits is released (approximately each end of financial year).4.10 Flare Therapy is not obligated to maintain the same offer or pricing should the Client wish to extend the term of service or scope of services, nor if prices are changed under the NDIS Pricing Arrangements and Price Limits.- Refund Policy -4.11 Refunds do not apply to services fulfilled as outlined in this Agreement.4.12 If a refund is applicable, the refund calculation will include all services undertaken to fulfil the Client project up to contract termination.4.13 Refunds will not be issued for change of mind or circumstances where services have commenced.- Late Fees -4.14 The Client is responsible for making payments within 14 days of receiving their invoice.4.15 If the Client's account is overdue beyond 30-days, the Therapist reserves the right to suspend services OR turn the debt to third-party collection services. In such an event, you may be liable for additional costs incurred due to the involvement of the debt collection agency. These costs will be added to the outstanding invoice amount and will be payable by you. At this time, this Agreement will be terminated, and no further services will be completed. - Medicare Chronic Condition Management (CDM) / GP Management Plans (Item 10958) 4.16 Clients accessing Occupational Therapy under a Medicare Chronic Condition Management Plan (formerly Enhanced Primary Care / EPC) must provide a valid written GP referral (Item 10958) prior to commencing services.4.17 Medicare provides a rebate of $61.80 per session (as at 1 July 2025) for up to five (5) allied health sessions per calendar year, shared across all allied health providers. These limits are set by Medicare, not Flare Therapy.4.18 Flare Therapy charges $190.00 per session for CDM appointments. The Medicare rebate does not cover the full session fee, and the remaining out-of-pocket amount (“gap”) is payable by the Client.4.19 Clients will be invoiced following the appointment and payment is required within 14 days (two weeks). Once payment has been received, Flare Therapy will issue a paid invoice/receipt containing the required details for the Client to independently claim the Medicare rebate.4.20 Flare Therapy does not bulk bill CDM services and does not process Medicare rebates on the Client’s behalf. It is the Client’s responsibility to submit their claim through Medicare using the receipt provided.4.21 Clients are responsible for:- Confirming remaining eligible Medicare sessions- Ensuring referrals remain valid and current (referrals typically expire after 12 months)- Booking and attending GP reviews when required- Informing the Therapist if they have used sessions with other providers4.22 CDM rebates cannot be used for:- Reports- Travel- Non-face-to-face time- Cancellations or failure to attend- Administrative tasks (emails, calls, resource development, liaison or preparation)4.23 For cancellations with less than two clear business days’ notice or non-attendance, the full session fee applies, and this cannot be claimed through Medicare.4.24 Once Medicare-funded sessions are exhausted or the referral expires, the Client may continue services as a private paying client. In this case, all standard fees apply, including therapy time, travel charges, and non-face-to-face time in accordance with this Agreement.
5. Scope of services amendments or expansion5.1 The Client is welcome to extend their contracted services or adjust inclusions at any time.5.2 Any additional fees that may apply will be presented to the Client in writing before commencement and will require agreement to changes in writing via email.5.3 Additional consultations or extended service requests will incur additional fees as outlined in this clause.
6. Services & completion6.1 Flare Therapy will perform the services referred to in this Agreement for payment as agreed.6.2 Flare Therapy agrees to provide therapy per the Clients therapy requirements within the timeline provided in the Client's individual scope of service or dates agreed to, subject to any amendments by the Client.6.3 Flare Therapy takes no responsibility or has any liability for any services performed by any third party.
7. Obligations7.1 The Client agrees to treat the Therapist with respect and to provide kind and clear feedback.- Questions, concerns, and issues -7.2 The Client will immediately bring the Therapists attention to any questions, concerns, and problems to be resolved as quickly as possible.7.3 The Client acknowledges their choices, decisions, actions, and results concerning the engaged services are the Client's sole responsibility.- Communication -7.4 The Client may provide access to their current, complete NDIS plan to enable the Therapist to provide accurate assessments and advice about the appropriate service; however, this is not mandatory.7.5 The Client must fully disclose all requested information in sufficient detail to define the Client's requirements adequately.7.6 Where the Client fails to provide instructions or full disclosure to the Therapist and, in so doing, prevents or otherwise hinders the Therapist in achieving completion of the services in the allocated time frame, Flare Therapy is not liable to the Client for failure to complete services on time or to the standard expected.7.7 The Therapist is available to the Client for enquiries via email or telephone for the duration of this Agreement.7.8 The Therapist will make every effort to respond within 10 business days7.9 The Client must attend therapy that may occur weekly, fortnightly or monthly as agreed.- Cancelling or rescheduling a session -7.10 If you need to cancel an appointment please text 0492 896 168. Provide more than two clear business days’ notice or the fees associated with that appointment may be billed for. To reschedule please text number as mentioned above. 7.11 We may claim, and the Client is liable for 100% of the agreed Fee associated with the activity from the Client's plan if the Client provides less than two clear business days notice (or no show).7.12 The Client must be available to respond to requested information or approvals so as not to hinder the progress or delivery of contracted services.7.13 The Client must provide all requirements, including documents and approvals, as required by the agreed date and promptly communicate with the Therapist when needed.7.14 If the Client or a member of the household is unwell, the Client is required to cancel the appointment or change the appointment to tele-health. The Therapist has the right to cancel in- person appointments if the Client or a member of the household appears unwell.7.15 Clients are entitled to pause their therapy appointments for a maximum period of one month per calendar year. Upon request, the client's appointments may be put on hold for up to one month without loss of their appointment reservation. However, it is imperative to note that any pause beyond this specified period may result in the inability to reserve weekly or fortnightly appointments thereafter.This policy is designed to maintain the integrity of appointment scheduling and ensure fair access to therapy services for all clients. Any exceptions or deviations from this policy must be approved by Flare Therapy in writing.Flare Therapy may discharge the Client from the Service if they have not been in contact for over one month without providing the Service with prior notice of absence.Performance 7.16 Both the Therapist and the Client agree to do everything necessary to ensure that the terms of this Agreement take effect and therapy services are delivered as contracted.
8. Intellectual property8.1 Flare Therapy owns all Intellectual Property in content, including but not limited to submissions, resources, reports, strategic plans, and support plans developed or conceived during, or arising out of, the Therapist carrying out the contracted services.8.2 Where applicable, Flare Therapy permits an irrevocable, exclusive, unlimited, worldwide, royalty-free license to the Client for continued use of any plans and reports created by the Therapist during the fulfilment of the contracted services.8.3 Drafts programs not used by the Client remain the Intellectual Property of and belong to the Therapist.8.4 All video, audio and photo recordings of the Therapist are strictly prohibited. This includes recording such as indoor and outdoor security cameras. Consent must be obtained each appointment to do any recording of the therapist. Please inform the Therapist if you have any recording devices.
9. Acknowledgment & DisclaimerYou understand and agree:9.1 You have engaged Flare Therapy at the agreed Fee.9.2 Flare Therapy cannot guarantee any results for you.9.3 Flare Therapy cannot control your commitment to therapy participation level. You are responsible for supporting or implementing a strategy or changes resulting from the guidance and support from Flare Therapy.9.4 Our guidance, advice and support are based entirely on full disclosure by the Client of their NDIS Plan, any other information requested, and the timely provision of that information.9.5 You accept that given the highly personal and tailored nature of services provided by Flare Therapy, results experienced by every Client will differ, and you accept responsibility for any such variance.9.6 The Therapist's role is to provide you with advice and guidance; however, you are entirely responsible for implementation and choosing whether the provided advice and guidance resonates and is appropriate for you.9.7 Nothing in the disclaimers above will limit or exclude any liability that may not be limited or excluded by applicable law.
10. ConfidentialityPrivacy and collecting information10.1 Flare Therapy is committed to providing quality services to the Client.10.2 Flare Therapy complies with the Privacy Act 1988 and other relevant State and Territory legislation regarding the management of personal information.10.3 Flare Therapy may request to collect the following:Personal information such as your/ your child's name, date of birth, family member's names, home address, email address, phone numbers and relevant funding information.Diagnostic information such as school and assessment reports, as well as letters from doctors and other health care professionals.Case history information detailing your child's developmental history, educational history, medical history, and previous and current therapy goals for your child.Progress notes, Individualised Education Plans, relevant photographs and video footage.A signature on consent from the client, a parent or guardian.10.4 The collection and management process of personal information aligns with Occupational Therapy Australia's Code of Ethics, where it will be treated as confidential in the course of professional services.10.5 We collect personal information to deliver high-quality services.10.6 This information enhances the intervention process as it aids the effective assessment, diagnosis and treatment of your child.10.7 Additionally, it is used for administrative purposes, such as sending an invoice. This means that information is visible to Flare Therapy accounting provider.10.8 If you receive NDIS funding, Flare Therapy will also need to collect relevant funding information to meet reporting requirements.- Disclosure of information -10.9 With your consent, the Therapist may disclose relevant information about assessment, diagnosis and treatment to your/ your child's doctor, educators or other treatment providers (e.g., Speech Pathologist, Paediatrician, Psychologist, etc.).10.10 Flare Therapy will only disclose personal information following the Privacy Amendment (Private Sector) Act 2000. This means it will only be disclosed if:We have your consent; orWe are required by law to disclose it; orIt is otherwise permitted under the Act.10.11 We may disclose your or your child's information to other health care or educational professionals or require information from them if necessary in the context of your or your child's assessment and therapy.10.12 Disclosure in this context will not be made without your prior consent.10.13 Our relationship is considered confidential, and all statements, both verbal and written, will be kept confidential, except in the case that would lead the Therapist to believe that you, your child, and/or family pose a threat to yourself, the well-being of another, such as concerns about abuse of a child, elder, or mentally incompetent individual.10.14 The law requires the Therapist to report such threats to the proper authorities.10.15 Other exceptions to confidentiality and privileged communication include client requests for the release of information, court orders, systematic clinical supervision, people undertaking workplace experience and/or a practicum with Flare Therapy, legal or clinical consultation, and special consideration when the Client is below the age of majority.10.16 If you have any queries or concerns about handling your health information, please do not hesitate to raise these concerns with our practice.10.17 Flare Therapy will be required to provide reporting to the NDIS (e.g., plan review documents outlining goals that have been worked on/ how funding has been utilised).10.18 Typically, reports will be emailed to: Enquiries@NDIS.gov.au (for Clients aged 7+ years) and/ or NDIS@Wanslea.org.au (for Clients aged 0-7).10.19 Flare Therapy has items that support the safety of therapists in the community, including a GPS that the Therapist can press to request the presence of police.10.20 Your location may be provided via GPS to emergency services in the unlikely event of an emergency.10.21 Your location may be provided via GPS tracking for mileage reports required for tax purposes.10.22 Photos or videos may be taken during appointments that may be shared online on platforms such as, but not limited: Flare Therapy website (https://Flaretherapy.com), Facebook page (https://www.facebook.com/profile.php?id=61574953046717).10.23 Audio recordings may be used for voice-to-text purposes to assist in creating accurate case notes and documentation. These recordings will be used solely for the purpose of documentation and ensuring the accuracy of records. If you do not consent to this use, please notify us immediately by emailing: Chris@Flaretherapy.com.
11. Termination11.1 This Agreement may be terminated by either party for any reason by giving seven (7) days`written notice.- Termination by Flare Therapy -11.2 Flare Therapy may terminate a client with cause for non-payment of services or failure to meet any obligations and responsibilities under this Agreement with seven (7) days notice in writing to the Client.11.3 Termination with cause by Flare Therapy will have been preceded by discussion and notification to the Client, seeking a resolution and allowing the Client seven (7) days to remedy.11.4 If Flare Therapy terminates this Agreement with or without cause, except as allowed by this Agreement, and through no fault of the Client, payment for unfulfilled services will be refunded to the Client without fees.11.5 Payment for fulfilled services will not be refunded. - Termination by the Client -11.6 Except for as provided in this Agreement, if the Client terminates this Agreement, the Client is liable for all outstanding fees, including costs to the Therapist because of the termination.11.7 Payment of outstanding fees and costs is required within seven (7) days of the termination date.11.8 This Agreement may be terminated immediately on the occurrence of any one of the following events:a. Upon the cessation of business of the Therapist to this Agreement.b. Flare Therapy or the Client commits any material breach of the Agreement.c. Flare Therapy or the Client fails to comply with any relevant statutory or regulatory requirement.- Legal relationship -11.9 In providing agreed Services, it is expressly agreed that Flare Therapy acts as a company.11.10 The parties acknowledge that this Agreement does not create a joint venture or partnership relationship between them and is exclusively a service contract.11.11 Flare Therapy may subcontract any obligations to the Client as part of this agreement.
12. Warranty & indemnification12.1 Flare Therapy warrants that the contracted services will always be carried out:diligently with proper care and skill; and in accordance with the terms of this Agreement.12.2 The Client indemnifies Flare Therapy against all claims for any legal relief whatsoever arising in any way out of or in connection with:the carrying out of, or failure to carry out the contracted services; orany breach of this Agreement.12.3 The indemnity does not apply to any claim caused by the Flare Therapy or the Therapist's negligence or breach of this Agreement.
13. Limitation of liability13.1 Liability for the services provided by Flare Therapy is governed solely by Australian Consumer Law and this Agreement.13.2 Nothing in these Terms removes your Statutory Rights as a consumer under Australian Consumer Law.13.3 Except for your Statutory Rights, all materials and therapy services are provided to you without warranties, either express or implied.13.4 To the extent permitted by law, Flare Therapy excludes all express or implied representations, conditions, guarantees, warranties, and terms relating to any services except those set out in this Agreement13.5 Flare Therapy guarantees that all services and advice are supplied to the Client with due care and skill.
14. Force Majeure14.1 A Force Majeure event is an event outside our control that delays or hinders our ability to perform our obligations under this Agreement.14.2 A Force Majeure event includes but is not limited to fire, flood, earthquake or similar natural disasters, riot, war, terrorism, civil strife, labour disputes or disturbances, industry-wide material or services shortages outside our reasonable control, an outbreak of pandemic disease, governmental regulations, communication, technology or utility failures.14.3 Flare Therapy shall not breach any undertaking in this Agreement for the delay in performing, or failure to perform, any of its obligations if such delay or failure result from Force Majeure events.14.4 Upon any Force Majeure Event, the Therapist shall notify the Client of the inability to perform or delay in delivering services.14.5 The Therapist shall propose revisions of the service delivery schedule or termination of undertakings under this Agreement where it is determined that performance is not possible because of the duration or effect of the Force Majeure event.14.6 Where this Agreement is terminated because of a Force Majeure event, Parties agree every effort will be made by both parties to negotiate a financial arrangement to mitigate and share any loss resulting from the Force Majeure event.
15. Dispute15.1 The Client agrees to contact the Therapist immediately with any concerns to be resolved quickly and effectively through friendly consultation.15.2 If a dispute arises, the Client agrees to the following Dispute Resolution Procedure:a. The Client must advise the Therapist in writing of the nature of the dispute, the outcome you seek and what actions you believe will settle the dispute.b. You agree to meet in person or via tele-health in good faith to resolve the dispute by Agreement and compromise.c. Any party may refer the dispute to a mediator appointed by the Law Society of Western Australia for mediation if the dispute cannot be resolved by agreement.15.3 Both parties must attend the mediation in good faith to seek to resolve the dispute through mediation.15.4 Litigation via the court process may only be considered after a genuine attempt at mediation bought by either party is unsuccessful.15.5 Confidentiality is paramount to both parties' personal and professional reputations and standing in their business and community.15.6 At no time will any communications or discussions be made public, including but not limited to any social media websites of either party.15.7 Any public discussion or comments about either party will be considered defamatory, harmful, or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
16. Governing law16.1 The Terms and Conditions in this Agreement are governed and construed under the laws of Western Australia.
17 Trademark17.1 Flare Therapy® is a registered trademark of Flare Therapy. Unauthorised use of this trademark is strictly prohibited. Any reproduction, distribution, or use of this trademark without the express written consent of Flare Therapy may result in legal action. The trademark is protected under applicable trademark laws, and violators are subject to penalties, including but not limited to, monetary damages and injunctions.
18 Donations18.1 Flare Therapy receives and provides donated items to Clients as part of its therapeutic and support services. By proceeding with payment and engagement, you acknowledge and accept the Terms of Engagement for Flare Therapy. By accepting or giving any donated item through the Organization, you agree to the following terms and conditions:18.2 No Warranties: All donated items are provided on an "as-is" basis. The Organisation makes no representations or warranties of any kind, express or implied, regarding the quality, safety, fitness for a particular purpose, or condition of any donated items.18.3 Assumption of Risk: By accepting or giving any donated item, you acknowledge and assume all risks associated with the use, misuse, or condition of the item. The Organisation is not responsible for any injury, loss, or damage that may occur as result of the donation of, use or receipt of any donated item.18.4 No Liability: To the fullest extent permitted by law, the Organisation shall not be liable for any claims, liabilities, damages, losses, costs, or expenses arising out of or related to the donation or receipt of any items, whether such claims are based on negligence, breach of contract, or otherwise.18.5 Ownership and Transfer of Title: By donating an item to the Organisation, you represent and warrant that you are the legal owner of the item and have the full right and authority to transfer ownership to the Organisation. Upon donation, all rights, title, and interest in the item pass to the Organisation, and the donor relinquishes any further claim to the item.18.6 Compliance with Laws: Both donors and recipients agree to comply with all applicable laws, regulations, and ordinances relating to the donation, receipt, and use of donated items.18.7 Indemnification: Donors and recipients agree to indemnify, defend, and hold harmless the Organisation, its staff from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to the donation or receipt of any items.18.8 Modification and Termination: The Organisation reserves the right to modify or terminate its donation program at any time, with or without notice.
19 Equipment and assistive technology19.1 Please be advised that if you, as a Client, choose to use National Disability Insurance Scheme (NDIS) funding to purchase items such as equipment or assistive technology, you do so at your own discretion.19.2 The Occupational Therapist (OT) will not be responsible for repaying either you or the NDIS for the cost of any item that is deemed unsuitable, non-compliant, or otherwise not meeting NDIS guidelines or requirements. It is the Client's responsibility to ensure that any purchases made using NDIS funding align with the NDIS's terms and conditions, and that the items are appropriate for the intended use.
By continuing with engaging with Flare Therapy, you acknowledge that you have read, understood, and agreed to the above terms and conditions.
Contact:Email: Chris@Flaretherapy.comPhone: 0492 896 168 Flare Therapy
Occupational Therapy Services AgreementThis Occupational Therapy (OT) Services Agreement (the "Agreement") is between Flare Therapy ABN 11741313662 ("We", "Flare Therapy" and "the Therapist") and you (the "Client") and is legally binding.In this Agreement, the "Client" may be the National Disability Insurance Scheme Participant, the Client seen under Medicare, Private Paying, or the Legal Guardian of the Client.
BackgroundFlare Therapy is a mobile service that provides therapy to people in the community.The Agreement outlines the roles, obligations, and expectations of working together. It represents the entire agreement between Flare Therapy and You and is legally binding on both parties.To request amendments to, or to gain clarification about, this Agreement, please email Chris@Flaretherapy.com Terms and Conditions
1. Acceptance and term1.1. This Agreement is expected to be signed by You and returned to Flare Therapy.1.2. You are deemed to have accepted this Agreement upon receipt via email and continuing to receive and engage Flare Therapy.- Term -1.3. The term of this Agreement starts upon Your acceptance. It will end when therapy services are completed, final assessments or reports are released, and full payment of all fees subject to earlier termination as provided in this Agreement.- Clients under 18 -1.4. For clients under 18, a caregiver aged 18+ must be present and participate when therapy is completed in the home.1.5. A caregiver (e.g., support worker, childcare educator, education assistant) is encouraged to attend therapy sessions with the Client when at school or childcare for capacity-building.
2. Services2.1 Flare Therapy offers a range of services described below as a guideline.2.1.1 Therapy - $193.99 per hour (frequency of appointments determined on a case-by-case basis)Inclusions:- Phone calls, text messages, emails- Making resources for the Client- Liaison with relevant stakeholders such as schools and other therapy providers - Therapy session preparation- Writing goals, case notes and research linked explicitly to the needs of the Client and to the achievement of the Client's goals- Report writing- Therapy program design 3. Booking Process3.1 To book a therapy session with the Therapist, please refer online with the therapist to liaise with you to identify an appropriate day and time: https://flaretherapy.forms.pracsuite.com/t/lzn0Amgf0c9Pzc4WVrxdbMFW3.2 This Agreement will be sent to the Client via PracSuite to sign and return.
4. Fees and Payment- Fees -4.1 All fees are consistent with the National Disability Insurance Scheme (NDIS) Pricing Arrangements and Price Limits, available here: https://www.ndis.gov.au/providers/pricing- arrangements- Travel Expenses -4.2 In metro areas, travel time will be billed at the hourly rate of $97 for a maximum of 30 minutes each way and up to 99 cents per kilometre4.3 Travel time and KMs will be divided evenly between the number of clients seen in the same out-and-return trip.4.4 Flare Therapy may charge for other transport or associated costs, such as road tolls, parking, and public transport fares, up to the total amount.4.5 Different travel expenses apply to rural and remote clients, per the NDIS Pricing Arrangements and Price Limits. Please contact us to discuss if this applies to you.- Payment of Invoices -4.6 Invoices submitted to the Client are due immediately upon receipt or as agreed with the Therapist.4.7 Payment is required via Bank Transfer or online payment to the bank account details provided in the invoice.4.8 The Client shall be required to pay any legal or other costs incurred by the Therapist associated with recovering overdue accounts.- Validity -4.9 The fees quoted are valid until the next version of the NDIS Pricing Arrangements and Price Limits is released (approximately each end of financial year).4.10 Flare Therapy is not obligated to maintain the same offer or pricing should the Client wish to extend the term of service or scope of services, nor if prices are changed under the NDIS Pricing Arrangements and Price Limits.- Refund Policy -4.11 Refunds do not apply to services fulfilled as outlined in this Agreement.4.12 If a refund is applicable, the refund calculation will include all services undertaken to fulfil the Client project up to contract termination.4.13 Refunds will not be issued for change of mind or circumstances where services have commenced.- Late Fees -4.14 The Client is responsible for making payments within 14 days of receiving their invoice.4.15 If the Client's account is overdue beyond 30-days, the Therapist reserves the right to suspend services OR turn the debt to third-party collection services. In such an event, you may be liable for additional costs incurred due to the involvement of the debt collection agency. These costs will be added to the outstanding invoice amount and will be payable by you. At this time, this Agreement will be terminated, and no further services will be completed. - Medicare Chronic Condition Management (CDM) / GP Management Plans (Item 10958) 4.16 Clients accessing Occupational Therapy under a Medicare Chronic Condition Management Plan (formerly Enhanced Primary Care / EPC) must provide a valid written GP referral (Item 10958) prior to commencing services.4.17 Medicare provides a rebate of $61.80 per session (as at 1 July 2025) for up to five (5) allied health sessions per calendar year, shared across all allied health providers. These limits are set by Medicare, not Flare Therapy.4.18 Flare Therapy charges $190.00 per session for CDM appointments. The Medicare rebate does not cover the full session fee, and the remaining out-of-pocket amount (“gap”) is payable by the Client.4.19 Clients will be invoiced following the appointment and payment is required within 14 days (two weeks). Once payment has been received, Flare Therapy will issue a paid invoice/receipt containing the required details for the Client to independently claim the Medicare rebate.4.20 Flare Therapy does not bulk bill CDM services and does not process Medicare rebates on the Client’s behalf. It is the Client’s responsibility to submit their claim through Medicare using the receipt provided.4.21 Clients are responsible for:- Confirming remaining eligible Medicare sessions- Ensuring referrals remain valid and current (referrals typically expire after 12 months)- Booking and attending GP reviews when required- Informing the Therapist if they have used sessions with other providers4.22 CDM rebates cannot be used for:- Reports- Travel- Non-face-to-face time- Cancellations or failure to attend- Administrative tasks (emails, calls, resource development, liaison or preparation)4.23 For cancellations with less than two clear business days’ notice or non-attendance, the full session fee applies, and this cannot be claimed through Medicare.4.24 Once Medicare-funded sessions are exhausted or the referral expires, the Client may continue services as a private paying client. In this case, all standard fees apply, including therapy time, travel charges, and non-face-to-face time in accordance with this Agreement.
5. Scope of services amendments or expansion5.1 The Client is welcome to extend their contracted services or adjust inclusions at any time.5.2 Any additional fees that may apply will be presented to the Client in writing before commencement and will require agreement to changes in writing via email.5.3 Additional consultations or extended service requests will incur additional fees as outlined in this clause.
6. Services & completion6.1 Flare Therapy will perform the services referred to in this Agreement for payment as agreed.6.2 Flare Therapy agrees to provide therapy per the Clients therapy requirements within the timeline provided in the Client's individual scope of service or dates agreed to, subject to any amendments by the Client.6.3 Flare Therapy takes no responsibility or has any liability for any services performed by any third party.
7. Obligations7.1 The Client agrees to treat the Therapist with respect and to provide kind and clear feedback.- Questions, concerns, and issues -7.2 The Client will immediately bring the Therapists attention to any questions, concerns, and problems to be resolved as quickly as possible.7.3 The Client acknowledges their choices, decisions, actions, and results concerning the engaged services are the Client's sole responsibility.- Communication -7.4 The Client may provide access to their current, complete NDIS plan to enable the Therapist to provide accurate assessments and advice about the appropriate service; however, this is not mandatory.7.5 The Client must fully disclose all requested information in sufficient detail to define the Client's requirements adequately.7.6 Where the Client fails to provide instructions or full disclosure to the Therapist and, in so doing, prevents or otherwise hinders the Therapist in achieving completion of the services in the allocated time frame, Flare Therapy is not liable to the Client for failure to complete services on time or to the standard expected.7.7 The Therapist is available to the Client for enquiries via email or telephone for the duration of this Agreement.7.8 The Therapist will make every effort to respond within 10 business days7.9 The Client must attend therapy that may occur weekly, fortnightly or monthly as agreed.- Cancelling or rescheduling a session -7.10 If you need to cancel an appointment please text 0492 896 168. Provide more than two clear business days’ notice or the fees associated with that appointment may be billed for. To reschedule please text number as mentioned above. 7.11 We may claim, and the Client is liable for 100% of the agreed Fee associated with the activity from the Client's plan if the Client provides less than two clear business days notice (or no show).7.12 The Client must be available to respond to requested information or approvals so as not to hinder the progress or delivery of contracted services.7.13 The Client must provide all requirements, including documents and approvals, as required by the agreed date and promptly communicate with the Therapist when needed.7.14 If the Client or a member of the household is unwell, the Client is required to cancel the appointment or change the appointment to tele-health. The Therapist has the right to cancel in- person appointments if the Client or a member of the household appears unwell.7.15 Clients are entitled to pause their therapy appointments for a maximum period of one month per calendar year. Upon request, the client's appointments may be put on hold for up to one month without loss of their appointment reservation. However, it is imperative to note that any pause beyond this specified period may result in the inability to reserve weekly or fortnightly appointments thereafter.This policy is designed to maintain the integrity of appointment scheduling and ensure fair access to therapy services for all clients. Any exceptions or deviations from this policy must be approved by Flare Therapy in writing.Flare Therapy may discharge the Client from the Service if they have not been in contact for over one month without providing the Service with prior notice of absence.Performance 7.16 Both the Therapist and the Client agree to do everything necessary to ensure that the terms of this Agreement take effect and therapy services are delivered as contracted.
8. Intellectual property8.1 Flare Therapy owns all Intellectual Property in content, including but not limited to submissions, resources, reports, strategic plans, and support plans developed or conceived during, or arising out of, the Therapist carrying out the contracted services.8.2 Where applicable, Flare Therapy permits an irrevocable, exclusive, unlimited, worldwide, royalty-free license to the Client for continued use of any plans and reports created by the Therapist during the fulfilment of the contracted services.8.3 Drafts programs not used by the Client remain the Intellectual Property of and belong to the Therapist.8.4 All video, audio and photo recordings of the Therapist are strictly prohibited. This includes recording such as indoor and outdoor security cameras. Consent must be obtained each appointment to do any recording of the therapist. Please inform the Therapist if you have any recording devices.
9. Acknowledgment & DisclaimerYou understand and agree:9.1 You have engaged Flare Therapy at the agreed Fee.9.2 Flare Therapy cannot guarantee any results for you.9.3 Flare Therapy cannot control your commitment to therapy participation level. You are responsible for supporting or implementing a strategy or changes resulting from the guidance and support from Flare Therapy.9.4 Our guidance, advice and support are based entirely on full disclosure by the Client of their NDIS Plan, any other information requested, and the timely provision of that information.9.5 You accept that given the highly personal and tailored nature of services provided by Flare Therapy, results experienced by every Client will differ, and you accept responsibility for any such variance.9.6 The Therapist's role is to provide you with advice and guidance; however, you are entirely responsible for implementation and choosing whether the provided advice and guidance resonates and is appropriate for you.9.7 Nothing in the disclaimers above will limit or exclude any liability that may not be limited or excluded by applicable law.
10. ConfidentialityPrivacy and collecting information10.1 Flare Therapy is committed to providing quality services to the Client.10.2 Flare Therapy complies with the Privacy Act 1988 and other relevant State and Territory legislation regarding the management of personal information.10.3 Flare Therapy may request to collect the following:Personal information such as your/ your child's name, date of birth, family member's names, home address, email address, phone numbers and relevant funding information.Diagnostic information such as school and assessment reports, as well as letters from doctors and other health care professionals.Case history information detailing your child's developmental history, educational history, medical history, and previous and current therapy goals for your child.Progress notes, Individualised Education Plans, relevant photographs and video footage.A signature on consent from the client, a parent or guardian.10.4 The collection and management process of personal information aligns with Occupational Therapy Australia's Code of Ethics, where it will be treated as confidential in the course of professional services.10.5 We collect personal information to deliver high-quality services.10.6 This information enhances the intervention process as it aids the effective assessment, diagnosis and treatment of your child.10.7 Additionally, it is used for administrative purposes, such as sending an invoice. This means that information is visible to Flare Therapy accounting provider.10.8 If you receive NDIS funding, Flare Therapy will also need to collect relevant funding information to meet reporting requirements.- Disclosure of information -10.9 With your consent, the Therapist may disclose relevant information about assessment, diagnosis and treatment to your/ your child's doctor, educators or other treatment providers (e.g., Speech Pathologist, Paediatrician, Psychologist, etc.).10.10 Flare Therapy will only disclose personal information following the Privacy Amendment (Private Sector) Act 2000. This means it will only be disclosed if:We have your consent; orWe are required by law to disclose it; orIt is otherwise permitted under the Act.10.11 We may disclose your or your child's information to other health care or educational professionals or require information from them if necessary in the context of your or your child's assessment and therapy.10.12 Disclosure in this context will not be made without your prior consent.10.13 Our relationship is considered confidential, and all statements, both verbal and written, will be kept confidential, except in the case that would lead the Therapist to believe that you, your child, and/or family pose a threat to yourself, the well-being of another, such as concerns about abuse of a child, elder, or mentally incompetent individual.10.14 The law requires the Therapist to report such threats to the proper authorities.10.15 Other exceptions to confidentiality and privileged communication include client requests for the release of information, court orders, systematic clinical supervision, people undertaking workplace experience and/or a practicum with Flare Therapy, legal or clinical consultation, and special consideration when the Client is below the age of majority.10.16 If you have any queries or concerns about handling your health information, please do not hesitate to raise these concerns with our practice.10.17 Flare Therapy will be required to provide reporting to the NDIS (e.g., plan review documents outlining goals that have been worked on/ how funding has been utilised).10.18 Typically, reports will be emailed to: Enquiries@NDIS.gov.au (for Clients aged 7+ years) and/ or NDIS@Wanslea.org.au (for Clients aged 0-7).10.19 Flare Therapy has items that support the safety of therapists in the community, including a GPS that the Therapist can press to request the presence of police.10.20 Your location may be provided via GPS to emergency services in the unlikely event of an emergency.10.21 Your location may be provided via GPS tracking for mileage reports required for tax purposes.10.22 Photos or videos may be taken during appointments that may be shared online on platforms such as, but not limited: Flare Therapy website (https://Flaretherapy.com), Facebook page (https://www.facebook.com/profile.php?id=61574953046717).10.23 Audio recordings may be used for voice-to-text purposes to assist in creating accurate case notes and documentation. These recordings will be used solely for the purpose of documentation and ensuring the accuracy of records. If you do not consent to this use, please notify us immediately by emailing: Chris@Flaretherapy.com.
11. Termination11.1 This Agreement may be terminated by either party for any reason by giving seven (7) days`written notice.- Termination by Flare Therapy -11.2 Flare Therapy may terminate a client with cause for non-payment of services or failure to meet any obligations and responsibilities under this Agreement with seven (7) days notice in writing to the Client.11.3 Termination with cause by Flare Therapy will have been preceded by discussion and notification to the Client, seeking a resolution and allowing the Client seven (7) days to remedy.11.4 If Flare Therapy terminates this Agreement with or without cause, except as allowed by this Agreement, and through no fault of the Client, payment for unfulfilled services will be refunded to the Client without fees.11.5 Payment for fulfilled services will not be refunded. - Termination by the Client -11.6 Except for as provided in this Agreement, if the Client terminates this Agreement, the Client is liable for all outstanding fees, including costs to the Therapist because of the termination.11.7 Payment of outstanding fees and costs is required within seven (7) days of the termination date.11.8 This Agreement may be terminated immediately on the occurrence of any one of the following events:a. Upon the cessation of business of the Therapist to this Agreement.b. Flare Therapy or the Client commits any material breach of the Agreement.c. Flare Therapy or the Client fails to comply with any relevant statutory or regulatory requirement.- Legal relationship -11.9 In providing agreed Services, it is expressly agreed that Flare Therapy acts as a company.11.10 The parties acknowledge that this Agreement does not create a joint venture or partnership relationship between them and is exclusively a service contract.11.11 Flare Therapy may subcontract any obligations to the Client as part of this agreement.
12. Warranty & indemnification12.1 Flare Therapy warrants that the contracted services will always be carried out:diligently with proper care and skill; and in accordance with the terms of this Agreement.12.2 The Client indemnifies Flare Therapy against all claims for any legal relief whatsoever arising in any way out of or in connection with:the carrying out of, or failure to carry out the contracted services; orany breach of this Agreement.12.3 The indemnity does not apply to any claim caused by the Flare Therapy or the Therapist's negligence or breach of this Agreement.
13. Limitation of liability13.1 Liability for the services provided by Flare Therapy is governed solely by Australian Consumer Law and this Agreement.13.2 Nothing in these Terms removes your Statutory Rights as a consumer under Australian Consumer Law.13.3 Except for your Statutory Rights, all materials and therapy services are provided to you without warranties, either express or implied.13.4 To the extent permitted by law, Flare Therapy excludes all express or implied representations, conditions, guarantees, warranties, and terms relating to any services except those set out in this Agreement13.5 Flare Therapy guarantees that all services and advice are supplied to the Client with due care and skill.
14. Force Majeure14.1 A Force Majeure event is an event outside our control that delays or hinders our ability to perform our obligations under this Agreement.14.2 A Force Majeure event includes but is not limited to fire, flood, earthquake or similar natural disasters, riot, war, terrorism, civil strife, labour disputes or disturbances, industry-wide material or services shortages outside our reasonable control, an outbreak of pandemic disease, governmental regulations, communication, technology or utility failures.14.3 Flare Therapy shall not breach any undertaking in this Agreement for the delay in performing, or failure to perform, any of its obligations if such delay or failure result from Force Majeure events.14.4 Upon any Force Majeure Event, the Therapist shall notify the Client of the inability to perform or delay in delivering services.14.5 The Therapist shall propose revisions of the service delivery schedule or termination of undertakings under this Agreement where it is determined that performance is not possible because of the duration or effect of the Force Majeure event.14.6 Where this Agreement is terminated because of a Force Majeure event, Parties agree every effort will be made by both parties to negotiate a financial arrangement to mitigate and share any loss resulting from the Force Majeure event.
15. Dispute15.1 The Client agrees to contact the Therapist immediately with any concerns to be resolved quickly and effectively through friendly consultation.15.2 If a dispute arises, the Client agrees to the following Dispute Resolution Procedure:a. The Client must advise the Therapist in writing of the nature of the dispute, the outcome you seek and what actions you believe will settle the dispute.b. You agree to meet in person or via tele-health in good faith to resolve the dispute by Agreement and compromise.c. Any party may refer the dispute to a mediator appointed by the Law Society of Western Australia for mediation if the dispute cannot be resolved by agreement.15.3 Both parties must attend the mediation in good faith to seek to resolve the dispute through mediation.15.4 Litigation via the court process may only be considered after a genuine attempt at mediation bought by either party is unsuccessful.15.5 Confidentiality is paramount to both parties' personal and professional reputations and standing in their business and community.15.6 At no time will any communications or discussions be made public, including but not limited to any social media websites of either party.15.7 Any public discussion or comments about either party will be considered defamatory, harmful, or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
16. Governing law16.1 The Terms and Conditions in this Agreement are governed and construed under the laws of Western Australia.
17 Trademark17.1 Flare Therapy® is a registered trademark of Flare Therapy. Unauthorised use of this trademark is strictly prohibited. Any reproduction, distribution, or use of this trademark without the express written consent of Flare Therapy may result in legal action. The trademark is protected under applicable trademark laws, and violators are subject to penalties, including but not limited to, monetary damages and injunctions.
18 Donations18.1 Flare Therapy receives and provides donated items to Clients as part of its therapeutic and support services. By proceeding with payment and engagement, you acknowledge and accept the Terms of Engagement for Flare Therapy. By accepting or giving any donated item through the Organization, you agree to the following terms and conditions:18.2 No Warranties: All donated items are provided on an "as-is" basis. The Organisation makes no representations or warranties of any kind, express or implied, regarding the quality, safety, fitness for a particular purpose, or condition of any donated items.18.3 Assumption of Risk: By accepting or giving any donated item, you acknowledge and assume all risks associated with the use, misuse, or condition of the item. The Organisation is not responsible for any injury, loss, or damage that may occur as result of the donation of, use or receipt of any donated item.18.4 No Liability: To the fullest extent permitted by law, the Organisation shall not be liable for any claims, liabilities, damages, losses, costs, or expenses arising out of or related to the donation or receipt of any items, whether such claims are based on negligence, breach of contract, or otherwise.18.5 Ownership and Transfer of Title: By donating an item to the Organisation, you represent and warrant that you are the legal owner of the item and have the full right and authority to transfer ownership to the Organisation. Upon donation, all rights, title, and interest in the item pass to the Organisation, and the donor relinquishes any further claim to the item.18.6 Compliance with Laws: Both donors and recipients agree to comply with all applicable laws, regulations, and ordinances relating to the donation, receipt, and use of donated items.18.7 Indemnification: Donors and recipients agree to indemnify, defend, and hold harmless the Organisation, its staff from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to the donation or receipt of any items.18.8 Modification and Termination: The Organisation reserves the right to modify or terminate its donation program at any time, with or without notice.
19 Equipment and assistive technology19.1 Please be advised that if you, as a Client, choose to use National Disability Insurance Scheme (NDIS) funding to purchase items such as equipment or assistive technology, you do so at your own discretion.19.2 The Occupational Therapist (OT) will not be responsible for repaying either you or the NDIS for the cost of any item that is deemed unsuitable, non-compliant, or otherwise not meeting NDIS guidelines or requirements. It is the Client's responsibility to ensure that any purchases made using NDIS funding align with the NDIS's terms and conditions, and that the items are appropriate for the intended use.
By continuing with engaging with Flare Therapy, you acknowledge that you have read, understood, and agreed to the above terms and conditions.
Contact:Email: Chris@Flaretherapy.comPhone: 0492 896 168 Flare Therapy