Terms and Conditions
Below are the terms and conditions on which we, The Wellness Barn Edinburgh, 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 Consultation and Assessment (see below). Before you agree that we will provide Services to you and/or carry out the Initial Assessment, please read the terms and conditions. If you have questions concerning them please ask before entering into a contract with us with your consent to be questioned and examined.
Initial Consultation and Assessment
As part of the first consultation, we shall perform an initial assessment of your needs and requirements ( “Initial Assessment” ). An Initial Assessment consists of:
your discussion of your needs with us;
an evaluation of your needs;
a full objective examination of your problem, which will involve following our reasonable instructions as set out below; and
developing a programme of recommended action to address your needs and requirements.
A standard Initial Consultation takes approximately 45 minutes, (60 or 90 minutes if complex). Prior to your first appointment we ask you to complete the appropriate registration details and and consent forms, these are required prior to starting, so your assessment and treatment will be delayed. Please arrive 10 minutes early for us to help you as appropriate.
Result
Please note that after the Initial Assessment has been carried out, we may decide that we cannot provide any Services if, for example, treatment for the condition may not be suitable or appropriate.
Outcomes
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 professional-reasoning, skill and care. Some conditions may take longer than others to treat and we will regularly reassess the treatment plan.
Sessions
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. The best management strategies and treatments will be offered and initiated with you in the time allocated,
Your rights and responsibilities:-
Following our reasonable instructions
In order for us to provide proper management, we will give reasonable instructions which you should follow. This will include, for example, removing some items of clothing for many conditions to be treated.
Assignments
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 or incomplete. If you have any doubts about the instructions given by your Practitioner, please contact them for clarification e.g exercises.
Stopping a Session
We may stop a session at any time if we consider that you would be adversely affected by continuing or 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 be also found on our Website unless your practitioner is an associate for our space. We accept cash and debit/credit card payments. We will only take payment from that card for the session you have just completed with any booking deposit. 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 have begun at your allocated appointment time 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 48 hours’ notice or do not turn up for the session, then you are liable to pay up to the full cost of that session. We reserve the right to charge you the full outstanding amount of your session if repeated missed sessions occur. If cancellations become a frequent occurrence, 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.
Confidentiality
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.
Data Protection
We are registered under the Data Protection Act 1998 and we shall treat all personal data in accordance with the requirements of that Act, as per our Privacy Policy.
Outcomes
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 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 of our employees, or fraud and fraudulent misrepresentation. Associates or their subcontractors will hold their own liability arrangements, to which we are excluded from.
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.
Indemnity
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.
Variation
We reserve the right to change any of these terms or conditions, including our fees.
Early termination
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.
Severance
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 Assessment. 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.
THERAPIST OR PRACTITIONER RIGHTS
If you don’t agree with your therapist/practitioner keeping records of information about you and your treatments, or if you don’t allow them to use the information in the way they need to for treatments, the therapist may not be able to treat you.
Your therapist has to keep your records of treatment for a certain period, as described above, which may mean that even if you ask them to erase any details about you, they might have to keep these details until after that period has passed .
Your therapist can move their records between their computers and IT systems, as long as your details are protected from being seen by others without your permission.
DECLARATION By booking via our online booking system you hereby agree that you have seen and read this document and understand that we will hold and use your personal information, using it in order to provide you with the best possible treatment options and advice in line with the statements above. You agree to us holding and using your information as outlined above, and understand that you may withdraw that consent at any time by emailing us via our website. You agree to us sharing your personal information (if deemed necessary) with: Therapists practising at the Clinic (with your agreement at the time) for the purpose(s) and benefit(s) described above.