TERMS & CONDITIONS
Below are the terms and conditions on which we, Living Health, provide our services (the “Services”). The exact Services we will provide to you will depend on what we agree and what is the result of the Initial Evaluation (see below). Before you agree that we will provide Services to you and/or carry out the Initial Evaluation, please read the terms and conditions. If you have questions concerning them please ask before entering into a contract with us.
As part of the first consultation, we shall perform an initial evaluation of your needs and requirements ( “Initial Evaluation” ). An Initial Evaluation consists of:
● your discussion of your needs with us;
● an evaluation of your needs;
● Chosen massage treatment / hypnotherapy etc. as per our list of services
● Recommended action to address your needs and requirements.
Prior to your first appointment we ask you to arrive 5-10min early to fill in a consent and treatment form.
Please note that after the Initial Evaluation has been carried out, we may decide that we cannot provide any Services if, for example, any treatment that we offer may not be suitable or appropriate.
It is not possible that any particular result or outcome can be guaranteed as a result of us providing the Services. Our aim is to provide the Services using reasonable skill and care.
If we have not agreed the number of sessions to be provided, we shall provide sessions on a session-by-session basis. We will agree the date and time of the first session and any subsequent sessions by phone, in person, by e-mail or via booking using our online portal.
Your rights and responsibilities
Following our reasonable instructions
In order for us to provide proper treatment, we will give reasonable recommendation within our scope of practice and expertise which we recommend to follow. This might include, for example, removing some items of clothing.
We may set you recommendations to be completed between sessions. You are not obliged to complete these recommendations; but if you do not complete them, your progress in achieving the desired outcomes may be slowed down.
Stopping a Session
We may stop a session at any time and not continue it if we consider that you are not following our reasonable instructions.
Costs of sessions and Fees
Our fees for each session are as confirmed by us to you and can also be found on our Website. We accept cash and debit/credit card payments. We will only take payment from that card for the session you have just completed. We don’t hold any of your payment details on our file. You are personally liable to pay all of our fees and any surcharges incurred, such as any cancellation fees.
If you are late for a session or if you or us cancel or rearrange a session if you are late
If you are late arriving at a session, the session will begin on your arrival and continue until the time when it is scheduled to end. If you wish the session to overrun, and if our diary allows this and if we agree, then you may be charged at our discretion for the extra time we spend in providing the Services.
If you cancel or do not turn up for a session
If you have booked a session and you cancel with less than 24 hours’ notice or do not turn up for the session, then you are liable to pay the cost of that session. We don’t generally charge you if this happens for the first time and if you contact us to let us know. We reserve the right to charge you the full outstanding amount of your session. If cancellations with less than 24 hours’ notice become a frequent occurrence, we may take a non-refundable deposit from you for any future appointments, or we may refuse to treat you.
If we cancel
On occasion, we may have to cancel a scheduled session. This may occur, for example, if a staff member is sick. If we have to cancel a scheduled session, we will book you another appointment as soon as reasonably possible. No charge will be made to you for the session cancelled by us.
We shall treat all personal and business information supplied by you as confidential. We shall not disclose such information to any third party without your prior permission, except where required by law or where action might be necessary to protect you or someone else.
We shall seek to enable you to achieve your desired outcomes. No outcome can be guaranteed, however, and you have sole responsibility for acting on any recommendations or advice we may give you. We have no liability for any loss incurred by you, whether financial or otherwise, following my provision of the Services, nor for any perceived failure by you, whether justified or otherwise, to achieve your desired outcomes or goals.
Liability and indemnity Limitation on our liability to you
Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount (and not exceeding the amount you pay in total for the Services), having regard to such factors as whether the damage was due to a negligent act or omission by the Clinic. Nothing in these conditions will limit our liability for death or personal injury caused by our negligence or the negligence or our employees, agents or subcontractors or fraud and fraudulent misrepresentation.
Limitation and exclusion of liability
We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, or for any loss of profit, or for any indirect or consequential loss arising under or in connection with the Services. Except as set out in these conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract. This clause will survive the termination of the contract.
You agree that you will indemnify us against any and all loss or damage suffered, including any legal fees or costs, as a result of any breach of this agreement by you.
We reserve the right to change any of these terms or conditions, including our fees.
In exceptional circumstances, such as illness or other commitments, inappropriate behaviour by you, refusal to be treated in a reasonable way, actual or potential conflict of interest, or other reasons, we may decide to terminate the Services early and or refuse or be unable to provide further sessions to you. In such circumstances, we shall give you reasonable notice of termination where practicable.
If a court or any other competent authority finds that any provision of this contract (or any part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted and the validity and enforceability of the other provisions of the contract will not be affected.
Events outside our control
We will not be liable to you as a result of any delay or failure to perform our obligations under this contract as a result of any event beyond our control including but not limited to, strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, fire, flood or storm or breakdown of machinery.
Contacting each other
If you wish to send any notice or letter then you should send it to our principal place of business or if none is apparent, the venue where your treatment takes place. If we wish to send you a letter or notice, we shall use the address you have given in the Initial Evaluation. Contracts (Rights of Third Parties) Act 1999 For the purposes of the Contracts (Rights of Third Parties) Act 1999 this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
Disputes and governing law
If you are unhappy with the services our Clinic provides, we hope you will discuss any problems or issues with the practitioner who treated you first. If that does not resolve matters to your satisfaction, the matter will be referred to one of the practice directors who will handle the complaint. This agreement is governed and construed by Scots law and the parties submit to the jurisdiction of the courts of Scotland.