Service Terms

This page sets out the service terms The Client agrees to when using The Hold’s (hereby The Doula) services and products. Please take a moment to read them, as they set out important rights and obligations. When The Client uses The Doula’s services, or purchase The Doula’s products, The Client agrees that they are over the age of 18 and willing to be bound by these Terms and Conditions.

All products and services advertised by The Doula are offered in compliance with Australian Consumer Law.

What is a Doula?

A Doula is not a doctor, nurse or midwife and has no clinical responsibility or role in your pregnancy, birth or postpartum. However, a Doula can improve the preconception, pregnancy or postpartum experience for The Client in many ways. A Doula will support The Client before and after birth by providing personal assistance either in-home or in an online capacity. The Doula draws on her experience and knowledge to give The Client emotional support and physical comfort (if in-home) throughout the pregnancy and/or postpartum experience. The Doula can also provide The Client with information on topics surrounding pregnancy, birth and postpartum so that The Client can base their decisions on a variety of evidence-based resources. The information The Doula has comes from published books, journal articles, podcasts, guidelines and other resources which she can loan to The Client or direct them to find. The Doula will make herself available to provide reassurance to The Client and their support person, to discuss all options available to them, and to help The Client rest and heal. The Doula will not give The Client advice or make decisions for them, but will endeavour to get unbiased information to The Client so that can make their own, informed decisions. The decisions made based on the information provided to The Client by The Doula remain the responsibility of The Client, The Doula is not held responsible for any outcome from The Client’s decision.

The Doula-Client Relationship:

The Doula agrees to maintain the ethics and standards of behaviour that ensure The Client feels safe in their time together.
The Client is solely responsible for their own physical, mental and emotional well-being, decisions, choices, arising out of or resulting from The Doula relationship and their interactions with The Doula. As such, The Client understands The Doula’s support is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
The Client acknowledges that The Doula’s services does not involve the diagnosis or treatment of mental disorders and that doula services are not to be used as a substitute for professional advice by medical, or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed.
The Client understands The Doula is not a medical practitioner. As such, The Doula:

General Disclaimer

The Doula will provide information on pregnancy, birth, and postpartum. This information is provided solely for the purpose of imparting knowledge.

Please be aware that the information and services The Doula provide are not a substitute for professional medical attention, examination, diagnosis, treatment, or advice. The Client is responsible for consulting a medical professional before using any of the information or materials contained or accessed through The Doula, before commencing any new regimes, making alterations to The Client’s diet, trying any treatment, or taking any course of action that may directly or indirectly affect The Client’s health or wellbeing, as well as that of their child/ren.

Any testimonials and promised results The Doula may display are based on The Doula’s experience and those of previous clients. They are not guarantees that anyone else will achieve the same results. The Doula does not guarantee any specific results.

The Doula expects The Client to take responsibility for their own health and wellbeing, using their common sense and knowledge of The Client’s own personal circumstances to consider the information and advice offered by The Doula. The Client takes full responsibility and risk for making any decision based on information on The Doula’s website, social media profiles, resources or in using The Doula’s services (including any online materials, consulting, coaching, programs, sessions, products, and all goods and services that may be accessed through The Doula’s website from time to time). The Client hereby agree to irrevocably release and waive any claims they may have now or in the future against The Doula and The Doula takes no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any statement or information presented and all such liabilities are expressly disclaimed.

The Doula expects The Client to contact The Doula if they have any questions about the information, services, products, and food that purchased or provided.

It is The Client’s responsibility to take into account any food allergies, sensitivities, or intolerances when reading information about the food The Doula prepares. If The Client is unsure of any ingredients or methods, it’s up to The Client to enquire by sending an email to sami@theholddoulaco.com. If The Client chooses to purchase a food package made by The Doula, it is The Client’s responsibility to inform The Doula of any allergies or intolerances before completing the purchase so The Doula can ensure she can cater to The Client and family needs.

Specific Disclaimer

This disclaimer relates to the postpartum in-home care and food The Doula has available for purchase as a package.

The Doula is a qualified postpartum doula. The Doula will, to the best of her ability, ensure that the food prepared is suitable for the typical postpartum woman’s needs. The Doula follows food safety standards to ensure that the food prepared is safe to consume.

It is The Client’s responsibility to ensure that the food The Doula makes is suitable for any specific needs The Client or their family have. If The Client or their family have a dietary requirement, it’s up to The Client to discuss this with The Doula before purchasing. It’s up to The Client to store the food The Doula provided appropriately (for example, refrigerated and used within the stated time frame) using The Client’s common sense.

Services

Clients who choose to utilise items The Doula provides - including but not limited to - teas, massage oils, snacks and bath soaks take full responsibility for their own health and for researching and using the equipment or remedies available. The Client agrees that The Doula is not liable and does not take responsibility for any results or effects The Client may experience as a result.

Equipment: The Client will be liable for damaged property and/or equipment belonging to The Doula should any equipment become broken and/or damaged whilst in The Client’s care.
Transport: The Doula reserves the right to refuse transport of The Client - including any family member - in her personal car due to liability concerns in case of an accident.
Initial meeting: In order for you to decide if I am the right doula for you, I offer a complimentary and obligation-free initial meeting (20 mins). At this meeting we can discuss what you are looking for in a doula, my fees, terms and conditions and your situation.
In-home visits: During visits The Client and The Doula will get to know each other, discuss The Client’s experience thus far and The Doula will provide practical and emotional support. It is the responsibility of The Client to provide a safe working environment for the Doula when she is at The Client’s home.

Cancellation and Rescheduling - In-home services

If The Client cancels their visit, with or without a food package with 7 days notice, a full refund will be available, less those paid for services already rendered.
If The Client cancels their visit, with or without a food package within 24 hrs of the visit, no refund will be available. If The Client purchased a food package, any food that has been prepared within 24 hrs of the visit may be collected from The Doula by The Client or their support person, at a time suitable to The Doula.
The Client and The Doula are able both able to reschedule an in-home visit without food, with 12 hours notice. It is not guaranteed that any rescheduled visit will be able to occur within the same week that the original booking was made.
If The Client wants to reschedule an in-home visit with less than 12 hours notice, The Doula will offer a 1.5 hr Zoom call “Digital Doula Support” in-place of the in-home visit. No refunds will be provided.
If the client wants to reschedule an in-home visit with a food package with less than 12 hours notice, The Doula will offer a 1.5 hr Zoom call “Digital Doula Support” in-place of the in-home visit. The Doula will drop-off the pre-made food within 12 hours. No refunds will be provided.

Cancellation and Rescheduling - Digital Doula services

If The Client does not turn-up to a Digital Doula Service, no refund will be provided. The Doula will wait in the Zoom meeting room for 10 minutes before leaving the meeting.
If a cancellation is made within 12 hours of the Digital Doula Service, no refund will be provided.
The Client and The Doula can both reschedule the Digital Doula Service with more than 12 hours notice. It is not guaranteed that any rescheduled Digital Doula Service will be able to occur within the same week that the original booking was made.

Payment terms

In-home services: To reserve The Client’s in-home package, The Doula requires a 50% deposit of the total package amount paid upon booking of the service, agreeing to these Service Terms and completion of The Hold’s Client In-take Form. The balance will be paid 4 weeks later OR within 2 weeks of The Client’s estimated due date - whichever occurs first. The Doula can offer a payment plan to The Client with prior discussion.
Digital Doula Services: To reserve a Digital Doula Service, The Client must pay the full amount upon booking. If The Client and The Doula are discussing a digital package, a payment plan or invoicing system can be established.
The Doula accepts website payments via Stripe.
The Doula charges in Australian dollars.
The Doula is not registered for GST.

Respect and Safety

The Doula-Client relationship is based on mutual respect and safety. This includes honest, open and caring communication. The Doula reserves the right to withdraw service at any time due to conflict or personal health or safety concerns - including but not limited to any kind of abuse, passive or second-hand smoke, aggressive pets, unsafe environments and abusive or violent family dynamics. If deemed reasonable, The Doula will seek but cannot guarantee the services of a replacement doula to support The Client. If services are withdrawn by The Doula, all fees less those for services already rendered will be refunded.

Confidentiality

The Doula services relationship, as well as any information (documented or verbal) that The Client shares with The Doula and The Doula shares with The Client as part of this relationship is strictly confidential. Confidential Information does not include information that: (a) The Doula is required by statute, lawfully issued subpoena, or by court order to disclose; (b) is disclosed to The Doula and as a result of such disclosure The Doula reasonably believes there to be an imminent or likely risk of danger or harm to The Client or others; and (c) involves illegal activity. Please read The Hold’s Privacy Policy for further information.

Jurisdiction and Dispute Resolution

The Hold Doula Co. is located in Queensland and this agreement is subject to the governing laws of Queensland and Australia.

If The Client has any issue or complaint arising out of the use of The Doula’s services, they both agree to make a genuine effort to resolve the dispute through negotiation and discussion.

If The Client and The Doula are unable to resolve a dispute by negotiation and discussion within 14 days, the parties must proceed to mediation with the assistance of an accredited mediator who is independent of the parties. The mediator is to be appointed by agreement of the parties or, failing agreement within twenty-one (21) days of the first notification of the dispute, by a person appointed by the Chair of Resolution Institute, Resolution Institute - infoaus@resolution.institute or the Chair’s designated representative. The Resolution Institute Mediation Rules shall apply to the mediation. The Doula and The Client agree to share the costs of mediation equally between them.

Litigation is to be considered a last resort and may not be commenced until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.

Amendment of Terms

The Doula reserves the right to change, modify, add or remove portions of these terms at any time. The Doula will endeavour to highlight any significant or substantive changes to The Client where possible. If The Client chooses to use The Doula’s services then The Client will regard that use as conclusive evidence of The Client’s agreement and acceptance that these terms govern The Client and The Doula’s rights and obligations to each other.

Signed: Sami Stewart (Doula)

Date: 20 January 2023