Please read carefully. By purchasing this service you (herein referred to as “Client and Guardian”) agree to the following terms stated herein.
CuriosOT Consultation/Guardian and Client Agreement
Delivery of Service: Online video call and/or phone call, online products, digital downloads
Subject of Coaching: Sensory, Self-Regulation and Motor Education
CuriosOT is a private business that offers educational resources and consultation services for sensory, self-regulation and motor concerns.
Owner Name: Clare McCullough
Phone: (219) 712-1940 Email: outofcuriosot@gmail.com
DEFINITIONS AND RELATIONSHIPS OF THOSE INVOLVED IN THIS CONTRACT
Guardian is understood to be the person who is seeking educational information on behalf of the client. Client is understood to be a minor or a ward under guardianship of Guardian named above, for whom Guardian has concerns and for whom the information will be used.
CuriosOT is understood to be the consultant who will provide educational information to the Guardian who is seeking information on behalf on the Client.
DECLARATION OF AGENCY AND AUTHORITY
The person who completed the purchase of this product and/or service is understood from hereon after as “Guardian” and represents and warrants that they are an agent and have the authority to enter into this agreement on behalf of the person with whom they will use this service/product, understood to be “Client.”
PROGRAM/SERVICE
CuriosOT agrees to provide consultation sessions as identified in online commerce shopping cart. Guardian and Client agree to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the consultation.
DISCLAIMER
CuriosOT is not offering, in any way, medical diagnoses or treatments to clients. It is offering structured, educational information and resources to Guardian who have motor, self-regulation, executive functioning, or sensory concerns for Client using knowledge that CuriosOT has acquired working with children with motor, sensory, executive functioning and self-regulation needs.
CuriosOT cannot predict and guarantee the amount of progress that Client will make as a result of the consultation sessions.
WORK HOURS/DAYS
CuriosOT is available at the agreed upon time. Make up sessions can be scheduled based on CuriosOT availability.
FEE FOR SERVICES
CuriosOT charges $65 per 30 minute consultation session and $90 per 60 minute consultation session. Payment is required before the session starts. Payments must be paid in full. If payment is not received before the consultation session, a $20 late fee will be charged and the Guardian’s session will be cancelled, unless the Guardian reschedules the session. If the Guardian has not paid for the session before it occurs for the re-scheduled session, the Client will be charged a $30 no-show/cancellation fee.
PAYMENT, CANCELLATIONS AND REFUNDS
Payment is due in full before the session starts. Sessions will not start with the Guardian until the payment is received.
Cancellation of a consultation session, for any reason, must be made by e-mail at least 24 hours in advance of the scheduled session. CuriosOT will acknowledge the cancellation and the time it was received. If a Guardian cancels a session with less than 24 hours notice and does not reschedule the session within CuriosOT’s availability, the Guardian will be charged a $30 cancellation fee.
LIABILITY
Guardian recognizes and agrees that this consultation service is not an occupational therapy service. Guardian recognizes and accepts that this consultation services is purely educational in nature and does not replace medical advice, therapy services or recommendations.
Guardian will not hold CuriosOT and its employees, agents, servants, officers, counselors and representatives (in their official and individual capacities) liable for any damages, losses, physical or psychological injury, including but not limited to illness, damages, economical or emotional loss, that the Guardian or Client may suffer as a direct result of the consultation services provide.
Guardian expressly understands and agrees that CuriosOT shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages, seeing personal information, observations of home life and private property or other intangible losses resulting from: (i) The way in which the session is administered through a video conference or phone call with Guardian in his/her private home; (ii) Information shared or volunteered by Guardian or Client about home/family life and/or personal information; (iii) unauthorized access to or alteration of transmissions or data via email, phone or video conference; or (iv) any other matter related to the website or service.
Guardian will not hold CuriosOT liable for video conferencing system outages, phone outages, misused session time due to general internet outages, slow internet speeds, internet transmission difficulties, phone reception difficulties or any other foreseen or unforeseen communication difficulties.
Guardian will not hold CuriosOT liable in any way for emotional, physical or psychological injury due to third party materials used in services.
In no event shall CuriosOT’s total liability for all damages, losses and causes of action (whether in contract, tort, [including, but not limited to, negligence]), or otherwise exceed the amount paid for services.
INDEMNIFICATION
Guardian and Client shall fully indemnify, hold harmless and defend CuriosOT and its directors, officers, employees, agents, stockholders and Affiliates from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to any act or omission of CuriosOT.
PRIVACY
CuriosOT will not share or sell any private and identifying personal information with any third party, unless expressly asked in writing to do so by Guardian.
OBLIGATION OF CURIOSOT AND GUARDIAN
- CURIOSOT structures sessions to optimize time to benefit the Guardian and Client
- CuriosOT shall keep the Guardian and Client’s information confidential.
- Guardian shall assist CuriosOT in identifying areas of concern to be addressed in consultation sessions
- CuriosOT provides any agreed upon resources, as within his/her ability, within one week from the end of the session
PERMISSION TO CONTACT
CuriosOT is given permission to use Guardian’s contact information in the event of internet difficulties, cancelled sessions, illness, disaster or any other event related to services.
CuriosOT is given permission to send Guardian email updates about new events, services, webinars, and other information related to services offered.
NO WARRANTIES
While CuriosOT is confident in the knowledge, skill and services it provides, it makes no promises or warranties in relation to a Client’s performance or progress.
MODIFICATION
CuriosOT may modify terms of this agreement at any time. All modifications shall be posted on CuriosOT’s website and purchasers shall be notified.
TERMINATION
Either party may terminate services at any time.
DUTY TO READ
I accept that under this agreement, I have a duty to read this terms of participation policy, and have done so. Furthermore, I understand and accept that I am precluded from using lack of reading as a defense against all remedies contained herein.
ENTIRE AGREEMENT OF THE PARTIES
This agreement supersedes any and all agreements, either oral or written, between the parties with respect to the rendering of services by CuriosOT and contains all of the representations, covenants and agreements between the parties with respect to the rendering of those services. Any modification of this agreement will be effective only if it is in writing signed by both parties.
Clare McCullough, Owner