BY MORGAN PTY LTD

TERMS AND CONDITIONS

Last updated march 2026

1. INTRODUCTION

  • These terms and conditions (Terms) govern your use of our services and the relationship between you (you or Client) and By Morgan PTY LTD ABN 80696105674 (we, us or Service Provider). Please read these terms carefully before booking and using our services. 

  • These Terms may be accepted by: 

    • clicking “I Accept” or a similar button or checkbox on our website, through our website or booking platform; or

    • attending a session after being presented with these Terms.  

  • By booking or attending a session, you acknowledge that you have read, understood and agree to be bound by these Terms.

2. OUR SERVICES

  • We provide energy healing and personal development services, including:

    • one-on-one (1:1) energy sessions;

    • life/wellness coaching sessions; and

    • intuitive guidance and support.

  • Sessions are typically conducted as follows:

    • initial sessions for new clients are 90 minutes in duration;

    • subsequent sessions for returning clients are 75 minutes in duration; and

    • sessions may be conducted either online via video-conferencing platform or in person at our nominated location.

  • Each session is intuitive and tailored to your individual needs. Sessions may incorporate one or more of the following modalities:

    • kinesiology-style muscle testing;

    • energy balancing techniques;

    • subconscious belief work; and/or

    • intuitive or spiritual guidance.

  • During sessions, we may use various supportive tools and techniques at our discretion, including but not limited to tuning forms, essential oils, flower essences, oracle cards, crystals, or other energetic tools. We may also apply acupressure point techniques as appropriate. The specific modalities, tools and techniques used in any given session will depend on your individual circumstances and what we intuitively determine to be most beneficial for you.

  • For in-person sessions, there may occasionally be light physical contact for the purposes of muscle testing or energy balancing (for example, touching your arm or head). You may decline physical contact at any time.

  • We may engage employees, contractors, or consultants to provide services to you. You will be notified of the identity of the practitioner who will conduct your session prior to booking or at the time of booking confirmation.

3. IMPORTANT DISCLAIMERS

  • Our services are intended to support personal insight, wellbeing and self-development. Our services do not constitute medical treatment, psychological therapy, mental health counselling, or a substitute for professional medical advice, diagnosis or treatment.

  • We are not licensed medical practitioners, psychologists, psychiatrists, or mental health professionals. We do not diagnose, treat, cure, or prevent any medical condition, disease, or psychological disorder, and we do not prescribe medication or medical treatments of any kind.

  • Any guidance, insights, or information provided during sessions is offered for supportive and educational purposes only and should not be relied upon as professional medical, psychological, or therapeutic advice. You acknowledge that you remain solely responsible for all decisions regarding your own health, wellbeing, actions, and healthcare.

  • You acknowledge that results from energy healing and personal development services vary significantly between individuals and cannot be guaranteed. We make no representations or warranties, express or implied, regarding the outcomes or effectiveness of our services for your particular circumstances.

  • You warrant that if you have any medical conditions, mental health concerns, or symptoms of illness, you will consult with an appropriate licensed healthcare professional before and during your use of our services. Our services are intended to complement, not replace, professional medical or psychological care.

  • You agree that you will not discontinue or modify any prescribed medical treatment, medication, or therapy without first consulting your licensed healthcare provider.

4. YOUR OBLIGATIONS

Health disclosures

  • You agree to disclose relevant mental health information to us before your session where applicable, including but not limited to:

    • pregnancy (as certain acupressure points or essential oils may not be appropriate);

    • allergies or sensitivities, particularly to essential oils or topical products that may be used during sessions; and

    • any relevant medical or mental health conditions that may affect your safety or the appropriateness of techniques used.

  • Your failure to disclose relevant health information may result in techniques or materials being used that are not appropriate for your circumstances. We are not liable for any adverse effects arising from your failure to provide accurate health information.

General obligations

  • You agree to:

    • be 18 years or age or over to use our services;

    • provide accurate and complete contact information and payment details when booking;

    • respond promptly to booking confirmations, reminders and any requests for health information;

    • not attend a session if you are under the influence of alcohol or recreational drugs (we reserve the right to refuse or terminate a session in such circumstances without refund); and

    • agree us with respect and courtesy (we reserve the right to refuse service or terminate sessions where inappropriate behaviour occurs, including but not limited to harassment, aggressive behaviour, or failure to respect professional boundaries).

  • By booking a session, you:

    • consent to the services described in clause 2, including any physical contact necessary for muscle testing or energy balancing during in-person sessions;

    • acknowledge that you have read and understood the disclaimers in clause 3;

    • acknowledge that you may withdraw your consent to physical contact at any time during a session; and;

    • confirm that you are participating voluntarily.

5. BOOKING AND RESCHEDULING

  • Upon booking a session, you will receive a confirmation email or message with session details including date, time, format (online or in-person), and any preparation requirements.

  • You will receive two reminders for your booking via email and text message prior to your scheduled session.

  • You may reschedule your session without charge by providing at least 24 hours notice prior to the scheduled session time. To reschedule, you must contact us at hello@bymorgan.com.auwith your booking details and preferred alternative date and time.

  • If you provide less than 24 hours' notice of cancellation or rescheduling, or fail to attend your scheduled session (a "no-show"), the full session fee will be forfeited and no refund will be provided. This does not apply where exceptional circumstances exist (such as sudden illness, family emergency, or other unforeseeable events beyond your reasonable control) and we have availability to reschedule. The decision to waive the cancellation fee in such circumstances is at our sole discretion.

  • We reserve the right to reschedule or cancel sessions due to illness, emergency, or other unforeseen circumstances beyond our reasonable control. Where we reschedule or cancel a session, you will be offered the option to:

    • reschedule to an alternative date and time that is mutually convenient; or

    • receive a full refund of any fees paid for that session.

6. PAYMENT

  • Payment is due at the time of booking unless otherwise agreed in writing. We may use a third-party payment processor (such as Stripe and PayPal) to process payments. By making a payment, you agree to comply with the payment processor's terms and conditions.

  • All prices are in Australian dollars and include GST unless stated otherwise.

  • We reserve the right to update our pricing at any time. Price changes will not impact any bookings already confirmed and paid for.

7. Refunds

Refunds are available only in accordance with this Agreement or where our services fail to meet consumer guarantees under the Australian Law. Refunds are not available for change of mind. Nothing in this clause limits your rights under the Australian Consumer Law including your right to a remedy if our services fail to meet consumer guarantees.

8. PRIVACY AND INFORMATION COLLECTION

  • We collect basic personal information to provide our services, including your name, contact details, health information you disclose, and personal background relevant to your sessions. We use this information solely to support your wellbeing goals and explore emotional and metaphysical contributors to symptoms.

  • Your information is kept confidential and will not be shared with third parties except where required by law or with your consent.

  • We use reasonable security measures to protect your information and comply with the Privacy Act 1988 (Cth). Please refer to our Privacy Policy available on our website.

  • You may request access to, correction of, or deletion of your personal information by contacting us at hello@bymorgan.com.au

9. LIMITATION OF LIABILITY

  • Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies you have under the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.

  • We do not exclude or limit our liability for death or personal injury caused by our negligence.

  • Subject to clauses 8.1 and 8.2, we are not liable for:

    • any health outcomes, lack of improvement, or adverse reactions following sessions;

    • decisions or actions you take based on guidance, insights, or information provided during sessions;

    • any loss or harm arising from your failure to seek, continue, or follow appropriate medical, psychological, or other professional healthcare advice or treatment;

    • any pre-existing medical or psychological conditions, whether disclosed to us or not;

    • indirect or consequential loss that was not reasonably foreseeable at the time of booking;

    • loss of income, profits, business opportunity or business revenue; and

    • emotional distress, anxiety or psychological harm (except where directly caused by our negligence).

  • Subject to clauses 8.1 and 8.2, our total liability is limited to you for all claims arising from or in connection with these Terms or our services limited to the total amount you paid us for the relevant session(s) giving rise to the claim.

10. Force Majeure

  • We will not be liable for delays in providing our services, or failure to provide services, where this is caused by events beyond our reasonable control including:

    • Illness, medical emergency or injury;

    • natural disasters, severe weather, fires, floods, pandemics or public health emergencies;

    • industrial action, strikes or labour shortages;

    • breakdown of essential equipment or transport systems;

    • disruptions to essential utilities or supply chains.

  • If a force majeure event occurs, we will notify you as soon as reasonably possible and offer you the option to reschedule or receive a full refund.

INDEMNITY

  • You agree to indemnify us against any claims, losses or expenses (including reasonable legal fees) arising from:

    • your breach of these Terms;

    • your failure to disclose relevant health information that results in harm to you or others;

    • decisions or actions you take contrary to medical advice following our sessions; or

    • your provision of false or misleading information when booking during sessions.

  • This indemnity does not apply where the claim arises from our negligence or breach of these Terms.

GENERAL

  • Notices: Any notice given under these Terms must be in writing and may be sent by email to:

  • Relationship of Parties: These Terms do not intend to create a partnership, joint venture, employment or agency relationship between you and us. You acknowledge that we provide services as an independent contractor.

  • Severance: If any provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable. If that is not possible, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of these Terms.

  • Entire Agreement: These Terms constitute the entire agreement between you and us regarding our services and supersede all prior communications, negotiations, arrangements, and agreements (whether oral or written) relating to the subject matter of these Terms.

  • Amendment: We may update these Terms from time to time by providing you with at least 14 days’ notice via email and posting the updated Terms on our website.

  • No Waiver: Our failure to enforce any provision of these Terms, or to exercise any right under these Terms, does not constitute a waiver of that provision or right. Any waiver must be in writing and signed by us.

  • Survival: The following provisions continue to apply after your sessions are completed or you cease using our services: Privacy and Information Collection, Limitation of Liability, Indemnity and General.

  • Governing Law: This Agreement is governed by the laws of the State of Victoria, Australia. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the court of Victoria.