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LEGAL

Terms of Service

1. Agreement and acceptance

 

These Terms of Service govern clinical supervision, professional consultation, group supervision, dyadic supervision, individual consultation, training, workshops, communications, scheduling, billing, and related services provided by Banksia Consulting & Supervision.

By booking, purchasing, registering for, attending, or using the Services, you agree to these Terms of Service and the Privacy Policy. If a

separate written supervision agreement or organizational agreement applies, that agreement will prevail to the extent of any direct conflict.

2. Definitions

 

Banksia, we, us, and our refer to Banksia Consulting & Supervision.

 

Sarah refers to Sarah Binks, in her professional capacity through Banksia Consulting & Supervision. [Confirm credentials and regulator(s).]

 

Supervisee, consultee, client, and you refer to a regulated professional, practitioner, student, organization, or other person receiving or accessing Services.

 

Services refers to clinical supervision, professional consultation, supervision groups, dyadic supervision, individual consultation, workshops, training, and related professional services.

 

Terms refers to these Terms of Service, the Privacy Policy, and any applicable written agreement, invoice, registration page, service description, or schedule.

3. Nature and scope of Services

Banksia provides professional supervision, consultation, and training intended to support professional development, reflective practice, ethical awareness, clinical reasoning, documentation awareness, and practice-related decision-making. The specific scope, format, frequency, fees, and documentation of Services will be confirmed through the applicable booking page, invoice, written agreement, registration page, or service description.

 

Unless expressly agreed in writing, Banksia does not provide therapy, psychotherapy, medical care, legal advice, financial advice, employment advice, regulatory representation, crisis intervention, emergency support, or direct services to a supervisee's clients/patients.

4. No transfer of professional responsibility

 

You remain professionally responsible for your own practice, clinical decisions, documentation, regulatory compliance, client/patient care, consent processes, privacy practices, risk management, and compliance with your own College, employer, contractor, legal, and professional obligations.

 

Supervision or consultation from Banksia does not replace your own professional judgment, employer policies, regulatory obligations, legal advice, or independent consultation where required.

5. Suitability and limits

 

Banksia may decline, suspend, or discontinue Services where the request is outside scope, creates a conflict, raises legal/regulatory risk, requires expertise beyond the Services offered, involves an emergency/crisis, involves inappropriate conduct, or cannot be safely or professionally provided.

 

If you require legal advice, regulatory defence, therapy, psychiatric care, urgent risk support, or emergency intervention, you must contact the appropriate professional or emergency service.

6. Fees, payment, taxes, and invoices

·Fees are as stated on the applicable booking page, invoice, written agreement, or fee schedule.

 

·Unless expressly stated otherwise, fees are exclusive of applicable taxes. Applicable GST/HST or other taxes may be charged where required.

 

·Fees are payable when due. Banksia may suspend Services for unpaid accounts.

 

·If payment is reversed, charged back, late, or dishonoured, Banksia may require payment before further Services are provided.

7. Cancellation, rescheduling, missed sessions, and lateness

 

Unless a different written policy applies, individual, dyadic, and group supervision/consultation sessions require at least 48 hours notice to cancel or reschedule. Late cancellations, missed sessions, or no-shows may be charged in full.

 

If you are late, the session may still end at the scheduled time and the full fee may apply. If Banksia must cancel or reschedule, Banksia will use reasonable efforts to provide a replacement time or credit.

8. Supervision hours and documentation

 

Where supervision hours, attendance letters, confirmation forms, or other documentation are required, you are responsible for confirming in advance whether Banksia's Services meet your College, program, employer, or other requirements. Banksia is not responsible for a regulator, school, employer, or third party refusing to recognize supervision hours or documentation unless Banksia expressly guaranteed that recognition in writing.

 

Banksia may refuse to sign inaccurate, incomplete, misleading, retrospective, or non-compliant supervision documentation.

9. Confidentiality

 

Banksia will use reasonable efforts to maintain the confidentiality of information shared through the Services. Confidentiality is subject to legal, professional, regulatory, safety, supervision, consultation, insurance, dispute-management, and other limits described in the Privacy Policy and these Terms.

 

You must maintain the confidentiality of information shared by other participants in group supervision, dyadic supervision, training, workshops, or communities. You must not record, screenshot, identify, disclose, or use another participant's personal, professional, business, or client/patient information without permission.

10. Client/patient information and de-identification

 

You must de-identify client/patient information wherever possible before discussing it in supervision or consultation. You must disclose only the minimum information necessary for supervision or consultation, and ensure that you are permitted to disclose the information under your own privacy, professional, legal, employment, and contractual obligations.

 

You must not upload, email, or provide identifiable client/patient records, reports, photographs, audio/video recordings, screenshots, notes, or other records unless Banksia specifically requests them and you are permitted to disclose them.

11. Mandatory reporting, child protection, and risk obligations, and professional duties

 

Sarah Binks is a registered social worker with the Ontario College of Social Workers and Social Service Workers. Banksia’s services are therefore provided subject to Sarah’s applicable legal, professional, regulatory, ethical, and record-keeping obligations, including obligations under the OCSWSSW Code of Ethics and Standards of Practice.

 

Confidentiality is not absolute. Banksia and/or Sarah may be required or permitted to disclose information without your consent, and in some circumstances without prior notice to you, where required or permitted by law or professional obligation. This includes, without limitation, circumstances involving child protection concerns, risk of serious harm to any person, court orders, subpoenas, warrants, College/regulatory complaints or investigations, professional obligations, legal advice, insurance or risk-management purposes, fee collection, or the protection of legal rights.

 

In Ontario, if there are reasonable grounds to suspect that a child is or may be in need of protection, a report may be required to a children’s aid society under the Child, Youth and Family Services Act, 2017. It is not Banksia’s role to investigate or prove whether abuse, neglect, or a protection concern has occurred before a report is made.

 

You remain responsible for your own professional obligations. If you are a registered social worker, social service worker, registered psychotherapist, student, supervisee, or other regulated professional, you remain responsible for your own reporting obligations, client/patient care, documentation, consent, privacy compliance, College/regulatory compliance, employer policies, and professional judgment. Banksia’s supervision or consultation does not replace legal advice, regulatory advice, employer direction, independent clinical judgment, or any reporting obligation that applies to you personally.

12. Group supervision and communities

 

Group supervision, dyadic supervision, workshops, trainings, and any related online communities involve multiple participants and therefore have confidentiality limits. Participants must maintain confidentiality, but Banksia cannot guarantee another participant's conduct.

 

Banksia may remove a participant from a group, deny access, or terminate Services without refund where the participant breaches confidentiality, behaves abusively, disrupts the group, discloses unauthorized information, records without permission, fails to pay fees, or creates legal, professional, or safety risk.

13. Recordings and artificial intelligence tools

Sessions may not be recorded, transcribed using third-party tools, summarized by artificial intelligence tools, screenshotted, or distributed without Banksia's prior written consent and the consent of all participants, where applicable. You must not input confidential supervision content, client/patient information, participant information, or Banksia materials into public AI tools or model-training systems unless expressly authorized and legally/professionally appropriate.

14. Intellectual property

 

Materials provided by Banksia, including slides, handouts, worksheets, templates, training materials, recordings, written resources, and frameworks, are owned by Banksia or its licensors. Subject to payment and compliance with these Terms, you receive a limited, personal, revocable, non-transferable license to use the materials for your own professional learning only.

 

You must not copy, distribute, sell, publish, upload, adapt, train AI systems on, or commercially exploit Banksia materials without written permission.

15. Professional boundaries

 

The Services are professional services. You must communicate respectfully, attend prepared, avoid harassment or abusive conduct, maintain appropriate boundaries, and not use the Services for improper purposes.

Banksia may end a session or terminate Services if conduct is abusive, discriminatory, harassing, threatening, unsafe, or professionally inappropriate.

16. No emergency or crisis service

 

Banksia does not provide emergency, crisis, or 24/7 services. Email, voicemail, texts, platform messages, and scheduling tools are not monitored continuously. If you or another person is in immediate danger, call 911 or go to the nearest emergency department. For urgent mental health or safety concerns, contact local crisis resources, emergency services, or the appropriate treating professional.

17. Disclaimers

 

Banksia does not guarantee any particular clinical, professional, regulatory, employment, academic, supervision-hour, business, income, client, or personal outcome. Services are provided based on information available at the time and are not a substitute for your own professional judgment, legal advice, regulatory advice, employer direction, or client-specific clinical responsibility.

18. Limitation of liability

 

To the fullest extent permitted by law, Banksia and its owners, contractors, employees, agents, representatives, and service providers will not be liable for indirect, incidental, consequential, special, punitive, exemplary, or aggravated damages, loss of income, loss of business, loss of opportunity, loss of data, loss of goodwill, professional/regulatory consequences, or decisions made by you or a third party based on the Services.

To the fullest extent permitted by law, Banksia's total aggregate liability arising out of or relating to the Services or these Terms is limited to the amount you paid to Banksia for the specific Service giving rise to the claim in the three months before the event giving rise to the claim. Nothing in these Terms limits rights or liability that cannot legally be limited.

19. Indemnity

 

You agree to indemnify and hold harmless Banksia and its owners, contractors, employees, agents, representatives, and service providers from and against claims, losses, liabilities, damages, costs, and expenses arising from your breach of these Terms, unauthorized disclosure of client/patient information, breach of confidentiality, misuse of Services or materials, unlawful conduct, or failure to comply with your own professional, regulatory, legal, privacy, employment, or contractual obligations.

20. Third-party platforms

 

Banksia may use third-party platforms for scheduling, payment, video conferencing, cloud storage, email, forms, and record keeping. Banksia is not responsible for third-party outages, terms, privacy practices, cyber incidents, or service interruptions, except to the extent required by law.

21. Force majeure

 

Banksia will not be liable for delay, interruption, cancellation, or failure to perform caused by events beyond its reasonable control, including illness, emergency, family emergency, power failure, internet/platform outage, cyber incident, public health restrictions, labour disruption, acts of God, war, civil unrest, government action, or supplier failure.

22. Governing law, jurisdiction, and contract formation

 

To the fullest extent permitted by law, these Terms and any dispute arising from or relating to the Services are governed by the laws of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law rules.

 

To the fullest extent permitted by law, the parties submit to the exclusive jurisdiction of the courts of Ontario, Canada. The contract is formed in Ontario, Canada when Banksia accepts your booking, registration, purchase, payment, or otherwise agrees to provide Services.

23. General

 

If any provision is invalid or unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without written consent. Banksia may assign these Terms in connection with a business transfer, restructuring, merger, sale, or similar transaction. These Terms, the Privacy Policy, and any applicable written agreement form the entire agreement concerning the Services.

24. Contact

Banksia Consulting & Supervision

Email: admin@banksiasupervision.com

Mailing Address: PO Box 1572, Lakefield, Ontario, K0L 2H0 Canada

Website: www.banksiasupervision.com

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