Frequency forms Freedom

Nicole Cleggett trading as Frequency Forms Freedom
Effective from: 1 March 2026
These Terms and Conditions apply to the provision of all Services by Nicole Cleggett trading as Frequency Forms Freedom.
Nothing in this Agreement excludes, restricts or modifies any non-excludable rights or remedies under the Australian Consumer Law (ACL) or any applicable law.
These Terms and Conditions include a liability waiver.
By booking, paying for, accessing or participating in any Service, the Client accepts this Agreement.
1. Definitions and Interpretation
1.1 Definitions
In this Agreement, unless the context requires otherwise:
Additional Terms means any additional terms, policies, waivers or disclosures applicable to a particular Service (including program-specific terms, privacy policies and platform terms).
Agreement means these Terms and Conditions together with any applicable Additional Terms.
Client means a person who books, purchases, accesses or participates in any Service.
Commencement Date means the date the Client accepts this Agreement (including electronically) or, if earlier, the date of the first booking or participation.
Loss means any loss, liability, damage, cost, charge, expense, penalty or claim, including legal costs on a full indemnity basis.
Materials means all content, documents, tools, recordings, programs, applications, videos, audios, worksheets, methods and other materials provided or made available by Frequency Forms Freedom in connection with the Services.
Provider means the individual or entity operating Frequency Forms Freedom who supplies the Services.
Services means all services provided by Frequency Forms Freedom, including:
a. online holistic sessions
b. metaphysical or energy-based sessions
c. website-based content and access
d. digital programs, applications, courses or materials
Session Fee means the fee advertised or notified for a Service or session.
Visitor means a person who accesses or browses the website or Materials without purchasing or participating in Services.
Website means www.frequencyformsfreedom.com and any related domains, subdomains, pages and platforms controlled by the Provider.
1.2 Interpretation
In these terms and conditions:
1.2.1 The singular includes the plural and vice versa. A reference to a person includes a body corporate. Headings are for convenience only and do not affect interpretation.
1.2.2 The words “including” and “includes” are not words of limitation.
1.2.3 A reference to legislation includes all amendments and re-enactments and subordinate legislation.
1.2.4 If there is any inconsistency between these Terms and any Additional Terms, the Additional Terms prevail for the relevant Service.
2. Application and Acceptance
2.1 This Agreement applies to all Services supplied or made available by Frequency Forms Freedom.
2.2 By accessing the Website, booking or participating in any Service, the Client:
a. confirms they have read and understood this Agreement
b. agrees to be bound by it
c. acknowledges they participate voluntarily and at their own risk, subject to their rights under the ACL
2.3 Electronic acceptance (including clicking “I agree”, payment, or accessing the Service) constitutes binding acceptance with effect from the Commencement Date under the Electronic Transactions Act 2000 (SA).
3. Eligibility and Client Responsibilities
3.1 The Client warrants that they are at least 18 years of age and have legal capacity to enter into this Agreement.
3.2 Clients under 18 years may only participate with prior written consent from a parent or legal guardian.
3.3 The Provider may require the parent or guardian to be present for sessions involving minors and may impose additional conditions including written consents.
3.4 The Client is responsible for determining whether participation is appropriate for their personal circumstances.
3.5 The Client remains responsible for all decisions or actions they take following participation in the Services.
3.6 Client contact information
The Client must ensure their contact details (including email and phone) are accurate and kept up to date.
3.7 Vulnerable persons
Where Services involve a vulnerable person, the Provider may impose additional conditions including the presence of a support person or guardian.
4. Important Consumer Information (ACL)
4.1 The Australian Consumer Law provides consumer guarantees that cannot be excluded.
4.2 Nothing in this Agreement excludes, restricts or modifies any non-excludable rights or remedies under the ACL.
4.3 If Services are not supplied in accordance with consumer guarantees, the Client may be entitled to a remedy depending on whether the failure is major or minor.
5. Recreational Services and Risk Warning
5.1 To the extent the Services constitute recreational services under section 139A of the Competition and Consumer Act 2010 (Cth) or recreational activities under the Civil Liability Act 1936 (SA), participation may involve inherent risks.
5.2 Risks may include:
a. psychological stress
b. emotional discomfort
c. unexpected emotional responses
d. mental exertion or fatigue
e. illness or adverse reactions
5.3 Warning – Recreational Services
To the extent permitted by law, the Provider excludes liability for death or personal injury arising from failure to comply with consumer guarantees relating to recreational services.
5.4 This exclusion does not apply where conduct is reckless as defined by section 139A(5).
5.5 The Client acknowledges they have read this risk warning and voluntarily assume risks associated with participation.
6. No Medical or Psychological Advice
6.1 The Services are not medical, psychological, psychiatric, therapeutic, counselling or crisis services.
6.2 The Provider is not a registered health practitioner.
6.3 The Services do not diagnose, treat, prevent or cure medical or psychological conditions.
6.4 Services are provided for personal, recreational or self-development purposes only.
6.5 Clients should seek advice from a qualified health professional if they have concerns about their health.
6.6 If the Provider believes a Client is experiencing significant distress, the Provider may pause or terminate a session and recommend appropriate professional support.
7. Acknowledgement of Risk and Client Conduct
7.1 Participation is voluntary.
7.2 The Client agrees to:
a. monitor their wellbeing
b. notify the Provider if distress occurs
c. discontinue participation if discomfort arises
d. behave respectfully and safely
7.3 The Provider may suspend or terminate Services if a Client:
a. behaves abusively
b. behaves aggressively or threateningly
c. disrupts a session
d. behaves in an unsafe or unlawful manner
7.4 Where Services are terminated due to Client conduct, no refund is payable unless required by law.
8. Fees, Payment and Taxes
8.1 Session Fees are payable at the time of booking unless otherwise stated.
8.2 Prices are in Australian dollars.
8.3 GST will be applied where required under Australian tax law.
8.4 Bookings are not confirmed until payment is received.
8.5 The Client authorises payment processing using the payment method provided.
8.6 The Client must ensure billing information is accurate.
8.7 The Client is responsible for any bank charges or dishonour fees.
8.8 If payment remains unpaid after the due date, Services may be suspended.
9. Cancellations, Rescheduling and Refunds
9.1 Client-initiated changes
9.1.1 Session Fees are generally non-refundable.
9.1.2 The Provider may allow rescheduling where reasonable prior notice is given (for example 72 hours).
9.1.3 Late changes may result in forfeiture of the Session Fee.
9.1.4 Failure to attend without notice may result in forfeiture of the Session Fee.
9.2 Provider-initiated changes
9.2.1 The Provider may reschedule or cancel sessions due to illness, emergencies or technical failures.
9.2.2 If the Provider cancels and cannot offer a replacement session, a refund will be provided.
9.3 ACL rights unaffected
9.3.1 Nothing in this clause limits the Client’s rights under the ACL.
9.4 Late arrival
9.4.1 Sessions will conclude at the scheduled time regardless of late arrival.
9.4.2 The full Session Fee remains payable.
9.4.3 The Provider is not required to extend session time.
10. Online Services and Technology
10.1 Online Services depend on internet connectivity and third-party platforms.
10.2 The Client is responsible for suitable technology and a reliable internet connection.
10.3 The Provider is not responsible for disruptions caused by:
a. the Client’s equipment
b. internet failures
c. third-party platform outages
d. events beyond reasonable control
10.4 If a disruption prevents delivery, reasonable efforts will be made to reschedule.
11. Privacy, Confidentiality and Data
11.1 Personal information will be handled in accordance with the Privacy Policy and Australian privacy laws.
11.2 Confidentiality
Client information will remain confidential except where:
11.2.1 the Client consents
11.2.2 disclosure is required by law
11.2.3 disclosure is necessary to prevent serious harm
11.2.4 disclosure is made to service providers assisting with the Services
11.3 Communications
Clients consent to receiving service communications.
11.4 Marketing communications will comply with the Spam Act 2003.
11.5 Clients may opt out of marketing communications at any time.
11.6 Recordings
Clients must not record sessions without written consent.
11.7 Unauthorised recording or distribution is prohibited.
12. Intellectual Property
12.1 All intellectual property rights in the Materials are owned by the Provider.
12.2 Nothing in this Agreement transfers ownership to the Client.
12.3 The Client receives a limited, non-exclusive licence for personal use.
12.4 The Client must not:
12.4.1 copy
12.4.2 reproduce
12.4.3 modify
12.4.4 distribute
12.4.5 sell
12.4.6 commercially exploit the Materials
without written consent.
13. Third-Party Platforms and Links
13.1 Services may rely on third-party platforms.
13.2 The Provider is not responsible for third-party platform operation.
13.3 Clients must comply with all applicable third-party terms.
13.4 Links to external websites are provided for convenience only.
14. Liability and Risk Allocation
14.1 Release
To the maximum extent permitted by law, the Client releases the Provider from claims arising from participation in Services except where caused by negligence, breach of contract, wilful misconduct or fraud.
14.2 Indemnity
The Client indemnifies the Provider against claims arising from:
14.2.1 breach of this Agreement
14.2.2 misuse of Services
14.2.3 infringement of third-party rights
except where caused by the Provider.
14.3 Limitation of Liability
14.3.1 The Provider excludes liability for indirect or consequential loss.
14.3.2 No particular outcome is guaranteed.
14.3.3 Liability cannot be excluded where prohibited by law.
15. Variations to Terms
15.1 The Provider may amend these Terms.
15.2 Updated Terms will be published on the Website.
15.3 Changes take effect 14 days after publication.
15.4 For ongoing programs, Clients will be notified of material changes.
16. Assignment and Subcontracting
16.1 The Provider may assign or subcontract obligations.
16.2 The Client may not assign rights without written consent.
16.3 These Terms bind legal representatives and successors.
17. Force Majeure
17.1 The Provider is not liable for delays caused by events beyond reasonable control including:
a. illness
b. pandemics
c. government restrictions
d. power outages
e. internet failures
f. extreme weather
g. natural disasters
17.2 Reasonable steps will be taken to mitigate disruption.
18. Notices
18.1 Notices may be sent by email or through the website account.
18.2 A notice is deemed received when the sender’s system records transmission.
19. Severability and No Waiver
19.1 If any provision is invalid, the remaining provisions remain in force.
19.2 Failure to exercise a right does not constitute waiver.
20. Governing Law
20.1 This Agreement is governed by the laws of South Australia.
20.2 The parties submit to the jurisdiction of the courts of South Australia.
21. Client Acknowledgement
By accepting these Terms, the Client confirms that they:
21.1 have read and understood the risk warnings in clauses 5–7
21.2 voluntarily assume the risks associated with participation
21.3 acknowledge that outcomes cannot be guaranteed
21.4 agree to participate at their own risk to the extent permitted by law