Terms and Conditions
These terms and conditions set out the terms under which KENZO CAMERON KISHIMOTO operating under the registered business name FREEFLOW PHYSIO (Freeflow Physio, us, we, our) provides physiotherapy services (the Services) to you (you or the Patient).
1. MEDICAL EMERGENCIES
Kenzo Cameron Kishimoto is a registered physiotherapist using a wide variety of treatment techniques, including soft tissue massage, stretching, and indirect techniques such as exercise prescription. If you require immediate medical attention, contact your treating general practitioner or call 000.
Do not use our services if you have or think you may have an emergency or critical condition or symptom, including, but in no way limited to
(a) severe chest pain
(b) heart attack
(c) stroke
(d) loss of consciousness
(e) severe bleeding
(f) breathing difficulty
If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using our Services or believe that you, or anyone is in an urgent, dangerous or emergency situation, you should not use our Services and instead contact 000 immediately or seek alternative and appropriate medical services.
2. DISCLAIMER
(a) (Risk) You acknowledge and agree that there are risks in receiving physiotherapy treatment, including muscle pain and strains, joint pain and sprains, dizziness, nausea, vomiting, and the potential for more serious injuries such as disc injuries, nerve injuries, fractures, strokes and death. If at any point you wish to stop receiving treatment, you must notify us immediately.
(b) (Soreness after treatment) You may find that by proceeding with our Services, you experience some level of discomfort or pain. It is normal to feel temporary soreness or exacerbation of your symptoms 24-48 hours after receiving treatment - for example due to the “delayed onset muscle soreness” phenomenon. However, if you experience extreme pain, pain after 48 hours or anything out of the ordinary that you are concerned about, or if you think you may have suffered an injury, please contact us, seek medical advice or contact 000 in case of an emergency.
(c) (Results not guaranteed) We cannot guarantee that any of our treatments will result in curing your specific condition. While we recommend treatments that we believe to be effective based on our experience, we cannot guarantee any results from our Services. Everyone is an individual and results may vary.
(d) (Suitability) If we conclude that our Services and treatments are not suitable for you or your condition, we reserve the right to stop providing Services to you and we may refer you to another health practitioner.
(e) (Provide information) You acknowledge and agree that the Services are reliant on the information and/or documentation you provide to us about you and your condition. You agree to provide us with updated, accurate and complete information about your condition, including any information which would be reasonably expected to be relevant to your condition. By using the Services, you represent and warrant that you have fully informed us of your medical history and any existing conditions.
3) SERVICES
(a) (Eligibility) The Services are intended for persons over the age of 18. If you are under 18, you must have a parent or legal guardian who guarantees your acceptance in the participation of the Services and agrees to these terms and conditions on your behalf.
(b) (Privacy and Consent) We will collect sensitive information about you (or your child) during the course of providing the Services. You can read more about the type of information we collect by reading our privacy policy here. By signing our privacy and consent forms, you consent to your participation in the Services and the collection and use of your sensitive information in accordance with our privacy policy.
4) CANCELLATION AND REFUNDS
(a) If you need to cancel or reschedule an appointment, you must notify us by providing at least 24 hours’ notice. If you provide less than 24 hours’ notice, we reserve the right to charge you a cancellation or rescheduling fee at our discretion. You acknowledge and agree that this fee is to compensate Freeflow Physio for the reasonable loss of business opportunity directly arising out of your cancellation or rescheduling.
(b) We do not offer refunds for change of mind or cancellations with less than 24 hours’ notice.
5) LIABILITY
(a) (Limitation of liability) To the maximum extent permitted by applicable law, the maximum aggregate liability of each party to the other in respect of loss or damage sustained under or in connection with these terms and conditions is limited to the total fees paid to Freeflow Physio in the 3 months preceding the first event giving rise to the relevant liability.
(b) (Home Visits) You acknowledge and agree that Freeflow Physio will be providing home services at your home or location provided by you. It is at all times your responsibility to provide a safe working environment for Freeflow Physio to conduct its Services. This may include the provision of public liability insurance if applicable. Clause 5(a) does not apply to your liability in respect of loss or damage sustained by Freeflow Physio arising from any breach of this clause and providing a safe working environment for Freeflow Physio to conduct work in and home visits to provide the Services.
(c) (Consequential loss) Neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with these terms and conditions or any goods or services provided by Freeflow Physio, except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable law.
6) GOVERNING LAW AND JURISDICTION
These terms and conditions are governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms and conditions.
Our terms and conditions were last updated on the 2nd of February 2024.