Terms Of Service

The purpose of these Terms of Service is to inform the client about the process of therapy services and the potential risks and benefits of these services. The purpose is also to help safeguard the client and provide information regarding alternatives to online services.

The term “client” is used to mean all signatories to the agreement with Serafin Upton regardless of its use in singular or plural form.

**Important Information:**

Serafin Upton cannot work with anyone in these situations:

- Who has an active addiction with drugs or alcohol

- Who has untreated mental illness

- Who has active thoughts of self-harm

- Who has an untreated major psychiatric condition

- Who is presently a victim or perpetrator of domestic violence/ intimate partner violence / narcissistic abuse

Serafin Upton reserves the right to act ethically as per their duty of care, and the right to protect the limitations of their service. If Serafin Upton has any reason to believe the client is in any of the above situations, they reserve the discretion to decline the client’s application and, where appropriate, refer the client to an appropriate service in their local area.

**Online Therapy**

It is not recommended to use online therapy services if the client does not have a device that can connect to the internet or does not have a reliable internet connection.

**Informed Consent / Confidentiality**

Therapy is a voluntary process, and the client has the right to terminate the process at any time.

At Serafin Upton, they are dedicated to maintaining the trust and confidence of their clients. Protecting client privacy is fundamental to their practice and the therapeutic process. They adhere to strict professional ethical guidelines and legal requirements to ensure that all information shared during sessions remains confidential.

All information disclosed within sessions, including the fact that the client is in treatment, is confidential and may not be revealed to anyone without the client's written permission, except as provided for by law.

**Exceptions to Confidentiality**

However, it is important for the client to be aware of the following exceptions to this policy:

1. **Risk of Harm:** If there is a threat of imminent harm to the client or another person, Serafin Upton is required by law to take necessary actions to prevent such harm, which may include disclosing information to potential victims and law enforcement.

2. **Abuse or Neglect:** If there is suspicion of abuse or neglect towards children, the elderly, or vulnerable adults, Serafin Upton is legally obligated to report this to the appropriate authorities.

3. **Legal Proceedings:** If the client's treatment information is requested by a court order or subpoena, Serafin Upton may be compelled to release the requested information to the court.

**Electronic Communication**

Please note that while Serafin Upton takes all possible measures to protect client privacy, the confidentiality of electronic communication (e.g., email, text messaging) cannot be guaranteed. They recommend reserving sensitive or detailed personal information for in-person or online sessions.

**Contact and Questions**

Client privacy and trust are paramount to Serafin Upton. If clients have any questions regarding confidentiality, privacy practices, or wish to review their detailed Privacy Policy, they are encouraged to contact Serafin Upton at info@serafinupton.co.nz

All of these exceptions would first be raised with the client before external disclosure provided that doing so will not compromise the safety of anyone involved.

**Applying for Child, Adolescent, and Family Therapy**

By booking an appointment with our practice, clients acknowledge that they need to apply for child and adolescent mental health services first and this application needs to be accepted prior to booking.

If an appointment is made without this prior approval and we determine that we are unable to assist the client(s), we are not obligated to provide a refund. Clients are also responsible for reading the Terms of Service on our website and ensuring they understand the scope and limitations of the services we offer. By proceeding with booking, clients confirm their agreement to these terms and conditions.

**Applying for Individual Therapy**

By booking an appointment with our practice, clients acknowledge that they can first apply for individual therapy if they would like. If an appointment is made without this prior approval and we determine that we are unable to assist the client, we are not obligated to provide a refund. Clients are also responsible for reading the Terms of Service on our website and ensuring they understand the scope and limitations of the services we offer. By proceeding with booking, clients confirm their agreement to these terms and conditions.

**Applying for Relationship Therapy / Couples Therapy**

Relationship therapy is by application only. An application is not accepted unless the client has received an email from Serafin Upton’s office to offer an appointment.

**Informed Consent / Confidentiality for Couples [Relationship Therapy]**

If a client engages with Serafin Upton individually before, during, or after relationship therapy [couple therapy], these individual sessions are private and confidential between Serafin Upton and the individual client. That is, relationship therapy does not waive an individual’s right to privacy and confidentiality.

**Complaints**

If for any reason a client feels that they have grounds for a complaint as a result of the coaching service received, the client may first raise the issue of concern with Serafin Upton, and if the issue is not resolved to the client’s satisfaction, the client may contact the Health & Disability Advocacy Service which is a nationwide free independent service for clients of allied health service delivery, for resolution assistance. The HDC has a vigorous complaints procedure.

**Continuous Quality Improvement**

At the end of the session, clients will be invited to provide feedback about their session with Serafin Upton. The questionnaire lets Serafin know when, where, and how they could do better. This makes the next session even better. The sessions are co-designed by the client and tailored to suit their needs and expectations.

Terms of Service: Mature Minor Principle

Consent for Treatment by Minors

Our practice adheres to the Mature Minor Principle as part of our commitment to providing ethical, person-centred care. This principle allows minors, under certain circumstances, to consent to their own therapeutic treatment without the involvement of a parent or guardian.

Key Aspects of the Mature Minor Principle

1. Maturity and Competence

   • Minors seeking treatment must demonstrate the ability to understand the proposed intervention or therapy, including:

     • The purpose of the therapy or medical care.

     • The potential risks, benefits, and alternatives to the proposed treatment.

     • The long-term consequences of their decision to proceed with or decline treatment.

   • Determining a minor's competence to consent involves a subjective evaluation by the healthcare provider, who will assess the minor's capacity to make informed decisions.

2. Case-by-Case Basis

   • Each minor's maturity and ability to consent is assessed on an individual basis, taking into account:

     • Their age and life experience.

     • Their cognitive ability to understand the complexities of treatment.

     • Their emotional intelligence and ability to handle the outcomes of their decision.

   • No assumptions will be made based solely on age or other general factors; every decision will be based on the specific circumstances and the healthcare provider's professional judgement.

Children Under 12 or Not Yet at High School

Children who are under the age of 12 years or are not yet attending high school will generally only be assessed or treated following an initial consultation with their parent(s) or guardian(s). This policy ensures that parents and guardians are actively involved in understanding and supporting the care of younger children, while also allowing us to evaluate the best approach to treatment collaboratively.

Scope and Limitations

While we respect the autonomy of mature minors, the application of this principle is guided by local laws and regulations. Certain treatments may still require parental or guardian consent where legally mandated. If this is the case, we will discuss all available options with the minor in a respectful and confidential manner.

Our Commitment

We aim to provide a safe, supportive, and confidential environment for minors seeking care. All assessments of maturity and competence will be handled with sensitivity, ensuring the minor’s best interests are always prioritised. For younger children, our approach emphasises collaboration with families to achieve the best outcomes for the child.

If the client is under the age of 16 years, they need to be aware that, as their parents/caregivers still have ultimate responsibility for them, Serafin Upton is required by various laws and statutes to advise them of any issue which may potentially or undermine or compromise the client’s safety and well-being. The exception to this requirement would be if the client’s parents/caregivers were in some way responsible for undermining or compromising the client’s safety and well-being, at which time Serafin Upton has an ethical and risk minimisation option to disclose this situation to Oranga Tamariki, or the Police, particularly if the client discloses any form of abuse or neglect. If the client is 16-17, then some exceptions to disclosure apply. Broadly speaking, these exceptions include harm to themselves; harm to others; disclosure of illegal intent; and/or the identification of an external threat to their health, safety, or well-being.

**Complaints**

It is important to Serafin Upton that clients are happy with their services. If clients have any concerns, they are free to discuss these with Serafin Upton in the first instance. Alternatively, they can approach the Health and Disability Commissioner whose purpose is to promote and protect the rights of the consumer. HDC is an independent watchdog, providing people using health and disability services with a voice, resolving complaints, and holding providers to account for improving their practices at an individual and system-wide level.

Under the guidelines of the Health & Disability Commissioner Code of Health & Disability Services Consumer Rights Regulation (1996), client rights are:

- The Right to be Treated with Respect

- Freedom from Discrimination / Coercion / Harassment / Exploitation

- The Right to Dignity and Independence

- The Right to Services of an Appropriate Standard

- The Right to Effective Communication

- The Right to be Fully Informed

- The Right to Make an Informed Choice and Give Informed Consent

- The Right to Support

- The Rights in Respect of Teaching or Research

- The Right to Complain

**Email**

The email address and communication via the contact form on the website do not provide encryption and may be vulnerable to viruses or human error. For this reason, it is advisable to consider what clients might include in an email to Serafin Upton and perhaps use it for non-confidential communications.

**Need to Reschedule or Cancel?**

If clients need to reschedule, they should do so using the email link in their confirmation email. Our practice requires 24 hours' notice for rescheduling or canceling an appointment to accommodate other clients. Cancellations or reschedules made with less than 24 hours notice will be charged at the full session rate. We understand that unexpected events may arise, and we strive to be as flexible as possible. If rescheduling becomes necessary, please contact us at your earliest convenience to find a suitable alternative.

**Refunds**

If clients decide to cancel their session and provide Serafin Upton with at least 24 hours’ notice, they are eligible for a refund less the nominal Stripe processing fee or nominal administration fee.

We strive to provide exceptional care and maintain clear, fair policies for all clients. To ensure our services are accessible and to manage scheduling effectively, we kindly request that any refund requests be made within 30 days of the scheduled appointment or payment date. This allows us to address concerns promptly and maintain accurate financial records. Refunds requested beyond this period, such as several months later, can disrupt our operations and create unnecessary administrative challenges. We appreciate your understanding and cooperation in adhering to this policy to help us provide the best possible service to all clients.

**Reschedules**

To reschedule an appointment, clients should utilise the link provided in their confirmation email. If the rescheduled session does not occur within 30 days from the original date, the session will be forfeited without a refund.

**Declined Referral/Application**

If a client has booked a session without an accepted application or referral, or if their application or referral has been declined, they will receive a refund minus the nominal administration cost [success fee]. This fee compensates for the booking process facilitated by Serafin Upton’s office.

**Workshops/Retreats/Intensives**

Please note that bookings for workshops, retreats, and intensives are non-refundable. However, should clients need to change the date, these can be transferred to another available time, ensuring they do not miss out on these valuable experiences.

**Account Credit**

If a client's account holds a credit balance, please remember that this credit must be utilized within 6 weeks from the date it was issued. This policy helps Serafin Upton keep accounting and booking system streamlined and efficient.

**Use of Online Services for Therapy Sessions**

Serafin Upton uses an encrypted online platform [ZOOM] to conduct online video therapy sessions.

**Using Technology**

As they are using technology, it is not always reliable. Clients should be ready in advance. They should ensure their software and hardware are working well. Serafin Upton is unable to resolve computerized technical problems.

**Jurisdiction**

This agreement is enacted and can only be enforced under the relevant laws governing New Zealand.

**Clinical Notes and Confidentiality**

**Handling of Clinical Notes**

In the course of client work,

Serafin Upton creates and maintains clinical notes on each session. These notes document the course of the therapy and are an essential part of the treatment process.

Serafin Upton adheres to the highest standards of privacy and confidentiality in the creation, storage, and disposal of these records.

**Privacy of Clinical Notes**

1. **Confidentiality:** Clinical notes are kept strictly confidential and are securely stored in a manner that protects client privacy. Access to these notes is restricted to authorized personnel only.

2. **Retention Policy:** As required by the Health and Disabilities Act, files are kept for at least 10 years following the last session or contact with Serafin Upton. This ensures that client records are available should they need them in the future, while also complying with legal requirements for record keeping.

3. **Access:** Clients have the right to request access to their clinical notes.

4. **Disclosure:** Similar to the broader confidentiality policy, the information contained within the clinical notes will not be disclosed to any third party without explicit written consent, except in situations where disclosure is required by law (as outlined in the Confidentiality Policy section above).

**Commitment to Client Privacy**

Serafin Upton is committed to upholding the highest standards of confidentiality in all aspects of their practice, including the handling of clinical notes. They understand the importance of trust and privacy in the therapeutic relationship and strive to protect client information with the utmost care.

If clients have any questions or concerns about their clinical notes, the retention policy, or confidentiality practices, they are encouraged to contact Serafin Upton at info@serafinupton.co.nz.

Their peace of mind and trust in the process are of the utmost importance to Serafin Upton.

**Recordings of Sessions**

Serafin Upton does not record any sessions with clients to protect their privacy and confidentiality. Clients are expected not to record the session. Permissions must be sought by either Serafin Upton or the client to record all, or any part, of the session – and a signed permission form must be completed to record a session.

**Children Accompanying Adult Appointments [non child and adolescent mental health appointments]**

For children’s wellbeing, children cannot attend appointments or be in the same room as the appointment. Please ensure you have childcare secured in preparation for your appointment.

**Website Complaints**

If clients have any issues with the website, they are encouraged to email Serafin Upton directly.

**Client Privacy Online**

By signing this contract, clients acknowledge and agree that there are technical risks to the otherwise assumed confidentiality of therapy when delivered online and in person.

Potential risks to confidentiality include but are not limited to:

- Limitations associated with the security of the technology (e.g., system breakdowns)

- Authorised access by someone other than the client (e.g., an Internet Service Provider system administrator, a computer repair technician, or other family members who may be sharing a phone or computer with the client)

- Unauthorised access to the client’s computer/ phone and messages (e.g., if the client’s computer or phone is hacked or stolen).

**Declaration**

Clients understand that they have the right to complain about services without penalty as outlined in the Health and Disability Commissioner Act. The Code of Rights establishes the rights of consumers, and the obligations and duties of providers to comply with the Code.

Clients understand that they can withdraw their consent to services at any time.

Clients understand Serafin Upton’s services and they understand they can ask questions at any time.

Clients agree to provide feedback to improve service delivery.

Clients understand that Serafin will occasionally email them with articles, information, or service updates. They understand they can choose to opt out of these email updates at any time.

Clients understand that their information is kept securely to protect their privacy and no information is shared with any third party without their permission which means that their information is private and confidential.

Clients understand that Serafin Upton must adhere to the Code of Rights and all relevant New Zealand legislation.

Clients agree to contact via Serafin Upton’s electronic appointment reminder system by text and email regarding appointment reminders and administration-related matters.

Clients agree to be given the opportunity to provide a small testimonial/review of Serafin Upton’s services for marketing and quality assurance purposes [this review will be made anonymous by using a pseudonym].