THE CLIENT’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 14 (LIMITATION OF LIABILITY).
1.1 This is an agreement between the Associate and you, the Client for hypnotherapy, coaching, therapy or breathwork sessions.
The following definitions and rules of interpretation apply in this agreement (unless the context requires otherwise).
Business [of the Company]: hypnotherapy, coaching, therapy or breathwork to assist clients with a range of psychological, personal, physical or emotional issues in 117 Harley Street, London, W1G 6AS.Client: you, the customer has instructed the Associate through the Company.
Company: Zoe Clews & Associates Ltd (09537894) of Nicholas Peters & Co 1
Devonshire Street, London, W1W 5DS
Company Property: the premises, all documents, books, manuals, materials, records, correspondence, papers and information (on whatever media and wherever located) relating to the Business or affairs of the Company or his clients and business contacts, and any equipment, keys, hardware or software provided for the Associate’s use by the Company during the Engagement, and any data or documents (including copies) produced, maintained or stored by the Company on the Company’s or the Associate’s computer systems or other electronic equipment during the Engagement.
Confidential Information: information in whatever form (including without limitation, in written, oral, visual or electronic form or on any magnetic or optical disk or memory and wherever located) relating to the business, know-how, customers, products, affairs and finances of the Company for the time being confidential to the Company and trade secrets including, without limitation, technical data and know-how relating to the Business of the Company or any of its suppliers, clients, agents, distributors, shareholders, management or business contacts, including in particular (by way of illustration only and without limitation) and including (but not limited to) information that the Associate creates, develops, receives or obtains in connection with his Engagement, whether or not such information (if in anything other than oral form) is marked confidential.
Associate: a consultant hypnotherapist, coach, breathwork practitioner or therapist.
Engagement: the engagement of the Associate by the Company on the terms of this agreement.
Insurance Policies: the Associate will be covered under their own insurance.
The Premises: 117 Harley Street, London, W1G 6AS.
Services: provided by the Associate in their capacity as hypnotherapists, coach, breathwork practitioner or therapist for you.
2.2 The Schedules form part of this agreement and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the Schedules.
3. Term of engagement
3.1 As stated in this agreement and the services provided by the Associates on the Team page.
4. Duties and obligations
4.1 Both Parties shall agree an appointment in the Premises, or an online Session at a reasonable time convenient for both parties.
4.2 The Associate shall:
(a) provide the Services with all due care, skill and ability to you; and
(b) promptly give to you all such information and reports as it may reasonably in their opinion require in connection with matters relating to the provision of the Services.
4.3 The Associate shall use reasonable endeavours to ensure that they are available at all times on reasonable notice to provide such assistance or information to you.
4.4 The Associate shall comply with all reasonable standards of safety and comply with the Company’s health and safety procedures from time to time in force at the Premises where the Services are provided and report to the Company any unsafe working conditions or practices.
4.5 You shall:
(a) prior to any initial consultation complete a Medical Disclosure Document to establish any medical issues prior to any treatment by the Associate and aid them in assisting in their health and wellbeing;
(b) comply with all reasonable standards of safety within the Premises and comply with the Company’s health and safety procedures from time to time; and
(c) pay for the services you have contracted for
5. Bookings and Rights to Cancel
5.1 The Company in its discretion can make available (subject to previous bookings) 7 days a week between the times of 8am to 8pm at its premises to you and the Associate for an appointment.
5.2 Bookings are confirmed by email to email@example.com.
5.3 If you have booked with an Associate or the Company in whole or in part at your home or elsewhere outside our offices, the Consumer Contracts Regulations 2013 may apply to the work you are asking the Associate to do. In that event, you have the right to cancel your instructions to us within 14 days, starting the day after the contract between us is agreed, without giving any reason.
5.4 All subsequent bookings after the 14-day period require 48 hours’ notice of cancellation or you will be liable to pay for the appointment fee.
5.5 If you would like to book an appointment in the 14-day period after signing this contract you should sign one copy of these terms of business having ticked the box marked “Please start work now” on the cover sheet.
5.6 If you choose to opt out of the 14-day cooling off period and book an appointment you later wish to cancel, you must provide 48 hours’ notice or be liable to pay the entire appointment fee.
6.1 The Services you have booked are provided by the Associate who is reasonable for your care and execution of that Service. The Company only provides a booking system and administrative support.
6.2 Please see Team Page for the types of available Services and their rates, which can be via the Company. Please make payment directly to the relevant Associate by bank transfer to the bank account which will be stated on the booking confirmation email or via the online payment system on the Team Page.
7. Zoom Session
7.1 These services are subject to Clause 6 and the individual Associate prices which can be found on the Team page .
7.2 You can organise a Zoom Session with the Associate under the Services provided via the Team page. Before you organise your Session, you must check that the hardware and software requirements of your computer or any electronic device that can use Zoom or similar software. Please note the technical requirements to facilitate this service is dependent on third party computer software and hardware, which neither the Associate nor the Company is responsible for.
7.3 The Associate will confirm acceptance of the Zoom Session when they email you to confirm this (Confirmation Email). At this point a legally binding contract will be in place between you and the Associate.
8. Nature of the digital content
8.1 The Associate shall supply an interactive audio or audio and visual session through Zoom or any elected video teleconferencing program.
8.2 The Associate cannot ensure that neither his nor your computer, mobile, tablet or other electrical equipment is free from defects; viruses and other malicious content.
8.3 You acknowledge any technical fault is not the fault of the Associate and that there may be minor errors or bugs.
8.4 If there are any technical faults of software or hardware belonging to either you or the Associate, free of charge, you and the Associate may agree to reschedule for the same session.
9.1 The Associates listed on www.zoeclews-hypnotherapy.co.uk are self-employed and regulated by their own respective member organisations (including, but not limited to, the General Hypnotherapy Register & National Council for Hypnotherapy). Each Associate has their own terms and conditions and is responsible for their own insurance. Any therapeutic contract will be between the Associate and you.
9.2 You understand that the Associate is not acting in their capacity as a doctor, licensed psychologist or other medical professional and that any advice given by the Associate is not meant to take the place of advice by these professionals.
9.3 If you are under the care of a professional as mentioned above or currently use prescription medication, you should discuss with your doctor, and should not discontinue any prescription medication without first consulting your doctor.
10. Effect of Cancellation
10.1 If you cancel this contract, the Associate will reimburse to you all payments received except where the Associate is allowed to keep such payments such as where they have started carrying out the Services within the 14–day cancellation period and you have signed the written confirmation to start carrying out the services within the 14–day cancellation period. (see clause 15 for more details).
10.2 Associate will make the reimbursement without undue delay, and not later than 14 days after the day on which they are informed about your decision to cancel this contract.
11.1 If you are unhappy with the service provided, by either the Associate or the Company or any other matter, please contact either or both respective body on firstname.lastname@example.org as soon as possible.
11.2 If you and the Associate or the Company cannot resolve a dispute using our internal complaint handling procedure, the Company will let you know that if the Company or the Associate cannot settle the dispute with you and suggest the applicable Alternative Dispute Resolution to seek a remedy.
11.3 If you want to take matters to court proceedings, the relevant courts of England & Wales will have exclusive jurisdiction in relation to this contract.
12. Confidential information and Private Data
12.1 Confidential Information is maintained in accordance with the Data Protection Act 1998 and GDPR. The Associate and Company will keep your information private and will not share your information to any third party unless compelled to by law.
12.2 You consent that both the Associate and the Company may hold your Personal Data for only the assisting of contracted Services and contacting you regarding those Services.
13. limitation of liability
13.1 The Associate does not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of the Associate, agents or subcontractors.
13.2 The Associate is responsible to you for foreseeable loss and damage caused by them. If the Associates fail to comply with these terms, the Associate is responsible for loss or damage you suffer that is a foreseeable result of them breaking this contract or their failing to use reasonable care and skill, but are not responsible for any loss or damage that is not foreseeable.
13.3 Subject toClause 13.1 the Associate’s total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement shall be limited to 100% plus £1 of the total amount paid under this Agreement.
14.1 Either party may terminate this contract by giving notice in writing to the other party, subject to the terms of this contract.
14.2 The Associate may terminate this contract if the Customer fails to pay any amount due under this contract on the due date for payment.
14.3 In the event of Termination you will receive any monies back for sessions they have paid for but not yet undertaken with the Associate. If you Terminate this Agreement less than 48 hours before a session which has been booked and paid for they will not receive any money back which relates specifically to that session.
15.1 Any notice given to a party under or in connection with this contract shall be in writing and shall be emailed.
15.2 Any notice or communication shall be deemed to have been received via email, on successful transmission of the email with a digital receipt of it;
15.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
16. Entire agreement
16.1 This agreement constitutes the entire agreement between the parties and is based on previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
16.2 Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
16.3 Nothing in this clause shall limit or exclude any liability for fraud.
17.1 No variation of this agreement shall be effective unless it is in writing and signed by the Associate or Company, or either authorised representative.
18.1 Clauses 8 and 13, and shall be operational and in full force after the termination of this agreement.
19.1 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion shall not affect the validity and enforceability of the rest of this agreement.
20.1 No amendment, waiver or variation of any of the terms of this Agreement will be valid or effective unless made in writing and signed by the Associate or Company, or either authorised representative.
21. Third party rights
21.1 A person who is not a Party to this Agreement shall not be entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
22.1 No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
23. Governing law
23.1 These Terms of Service and any separate agreements whereby the Associates provide Services to you shall be governed by and construed in accordance with the Laws of England and Wales.